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THIRD REPORT
The Education and Skills Committee has agreed
to the following Report:
INDIVIDUAL LEARNING ACCOUNTS
1. The Individual Learning Account [ILA] scheme collapsed in the autumn of 2001 amidst two main concerns: its rapid growth had outstripped its expected cost to public funds; and there were suspicions that abuse of the scheme had become so endemic that it could not be eradicated without killing the scheme itself.
2. The overall aim of the Individual Learning
Account, which came fully into effect only in September
2000, was to widen participation in learning and to help
overcome financial barriers to learning faced by
individuals. Mr John Healey MP, Parliamentary Under
Secretary of State for Adult Skills at the Department
for Education and Skills [DfES], told us that the
concept and policy were very much inspired by the
Chancellor of the Exchequer.[1]
The ILA programme was universal; everyone aged 19 or
over (subject to some nationality and residency
conditions) had a right to an ILA. The individual could
choose how to 'spend' their ILA on training (subject to
some exceptions) which could amount to a Government
subsidy of £200 for certain courses priced at £250. From
the individual learner's point of view, it was a fairly
simple proposition: if you signed up for an ILA, you
could get up to £250 worth of computer training, for
example, for only £50. In giving evidence to this
Committee on 12 November 2001, Mr Bryan Sanderson,
Chairman of the Learning and Skills Council, described
the ILA as "conceptually very clever".[2]
3. The Government set itself only one target, that
of reaching one million ILAs by March 2002.[3]
In fact, the opening of the millionth account was
announced in May 2001.[4] By the
time of the scheme's suspension in October 2001 there
were 2.5 million accounts logged on to Capita's computer
system. The DfES told us that "it was clear that the
lighttouch, nonbureaucratic nature of the programme
designed to reach nontraditional learners was
successful — 1.4 million learning episodes were booked —
but regrettably, this also enabled a minority of
unscrupulous learning providers to act against the ethos
of the programme".[5] The actual
level of fraud, misuse and abuse of the ILA scheme may
never be established, partly because no common
understanding of 'misuse and abuse' has been achieved.
What we do know is that over its first two years,
spending on the ILA was at least £60 million higher than
the expected £200 million.[6]
4. On 24 October 2001, Rt Hon. Estelle Morris MP, Secretary of State for Education and Skills, announced that the ILA programme in England would be suspended from 7 December 2001.[7] On 23 November 2001, the ILA programme was shut down immediately, two weeks earlier than had been announced on 24 October.[8] ILAs featured prominently in an Opposition Day debate on 6 November 2001,[9] and were debated in Westminster Hall on 11 December 2001,[10] as well as in oral and written questions. So much time was taken up by ILAs in our initial meeting with Mr John Healey MP on 28 November 2001 in our introductory 'baseline assessment' series of Ministerial evidence sessions[11] that he agreed to return on 16 January 2002 to discuss the remainder of his Ministerial portfolio.[12] What he told us on that second occasion prompted us to postpone our planned programme of meetings and to launch an immediate fast-track inquiry into ILAs with the following terms of reference:
to examine the lessons from the closure of the Individual Learning Account (ILA) scheme, for the future of the DfES's lifelong learning strategy in England, with particular reference to:
management
policy
plans for replacing the ILA scheme.
5. In our fast-track inquiry, we took evidence from DfES officials, representatives of computer training companies, the independent researchers York Consulting, trades union representatives, the National Institute for Adult Continuing Education, the Association of Colleges, the Association of Learning Providers, the Learning and Skills Council, Capita (on two occasions) and Mr John Healey MP, the Minister for Adult Skills at the DfES.[13] In addition we received a large number of written submissions, some of which are published in Volume II accompanying this Report.[14]
6. The idea of individual learning accounts had been around for a number of years.[15] The last Conservative Government proposed a similar system in its Competitiveness White Paper published in May 1994.[16] It appears that the results of pilots and consultation persuaded the Conservative Government that ILAs were not a sensible way forward, as they proved administratively complex and ineffective in reaching those most in need of reskilling. The 1996 Competitiveness White Paper said:
"Improving individual motivation and participation is at the heart of policy. However, the Government is not convinced that individual learning accounts, linked to employer tax relief or incentives, are likely to broaden participation. In practice, they would be overcomplex and more likely to subsidise existing activity. Progress would be better made through the further promotion and takeup of Career Development Loans and the current tax relief for vocational training."[17]
7. We are concerned that the reasons for the Conservative Government's decision not to proceed with an individual learning account may not have been given sufficient weight by the Department in setting up their version of an ILA after 1997.
8. The Labour Party Manifesto for the 1997 General Election contained a commitment to introduce ILAs, to be funded initially from Training and Enterprise Council [TEC] reserves:
"We will invest public money for training in Individual Learning Accounts which individuals — for example women returning to the labour force — can then use to gain the skills they want. We will kick-start the programme for up to a million people, using the £150 million of TEC money which could be better used and which would provide a contribution of £150, alongside individuals making small investments of their own. Employers will be encouraged to make voluntary contributions to these funds."[18]
9. In February 1998, the Learning Age Green Paper confirmed that the Government intended to introduce a national system of ILAs and provided details of how a series of pilot projects would operate:
"2.14 We will test different approaches to learning accounts in preparing for a national system. For this work to provide useful answers, we need to test real reactions to different forms of learning accounts. As part of this work, and to provide impetus to learning accounts, we propose to support up to one million learning accounts, funded by £150 million from TECs' resources. These will be based on two main approaches to learning accounts: the universal and the targeted.
the universal approach will offer accounts to
anyone at work wanting to learn. Everyone will have
to invest a minimum amount of their own money in
their account, either as a lump sum or in the form
of a commitment to regular saving. The Government
will then support that initial investment, up to a
maximum public contribution of £150 for each
account. It will be open to others - for example,
employers - to contribute to a person's account in
cash or in kind;
the targeted approach will use a proportion of these one million accounts to support particular learning or skill needs; for example, people without qualifications and in lowskill jobs, areas of skills shortage, employees in small firms and those seeking to return to work."[19]
10. Mr Derek Grover, Director of Adult Learning at the DfES, told us that the universal offer and the targeted element of the ILA were "the issues that we addressed in designing how to deliver against the Manifesto commitment".[20] Mr Grover recognised that "getting the balance between those two of course is one of the things that we tried to get right this time and would want to address in producing a new policy."[21]
11. Presented with a manifesto commitment, and a
single target of one million users, insufficient
attention was given both to the reasons for the previous
rejection of an ILA scheme and to ensuring that quantity
was balanced by quality. While the development of
targets for the achievement of policy objectives is to
be commended, such targets should be based on outcomes
not tied to specific delivery mechanisms.
12. In June 1998, the Government announced £2 million for 12 pilot projects to carry out development work on the new accounts. Three other projects outside the 12 development areas started later and were run in parallel with support from the DfEE. The development projects ran between 1998 and 2000.[22] The DfEE published the results of an evaluation in August 1999 which concluded that the biggest achievement of the development projects had been to demonstrate that it was possible to access nonlearners through the ILA product, although it found that the techniques required had been "time-consuming and resource-intensive".[23]
13. From April 1999, TECs in England operated local arrangements and offered a limited number of accounts, a proportion of which were targeted at particular groups, such as people returning to the labour market and those with no or low qualifications. By the end of September 1999, 56,917 individual learning accounts had been opened by TECs in England, to which TECs had contributed £2,927,749.[24]
14. Mr Peter Lauener, Director of the Learning and Standards Group at the DfES, told us that TECs were more likely to use their existing provider network.[25] Mr James O'Brien, of Pitman Training Group plc and the Association of Computer Trainers, told us that —
"The TECs were doing a number of pilots which were successful because they understood who they were dealing with and were, therefore, able to make sure that the learning providers were known but equally would not prevent new providers coming in".[26]
15. The implications of opening up the scheme to
new providers not known to TECs was not thought through
either in terms of the quality of learning on offer or
the risk of fraud. As a significant change to the pilot
scheme, this should have merited greater consideration.
Saving to learn - the original
delivery model
16. The DfES told us that the original delivery model, piloted in a variety of forms through Training and Enterprise Councils, envisaged the concept of a real, as opposed to a virtual, account where individuals could bank and save their own money in addition to any other contributions from, for example, Government, employers and trade unions.[27] Mr Derek Grover explained that the initial model the DfEE looked at was "one in which we were trying to develop something that looked much more like an account in the sense of a financial services instrument, so we began a very extensive series of discussions individually and collectively with a range of financial institutions to see if we could develop some sort of public/private partnership with one or more of them to deliver individual learning accounts".[28] After "really very extensive discussions with financial institutions, it became plain we were not going to be able to set up with them a model that enabled us to work jointly with them to offer individual learning accounts".[29] There were two reasons for this —
market research showed that individuals were not particularly interested in saving for learning. They were quite prepared to borrow for learning and in some circumstances to pay for it, but saving for it as a proposition was not something that appealed very much so there did not seem to be a great deal of market for it.
the financial institutions themselves were not especially interested in developing a product of this sort.[30]
17. Faced with the rejection of a savingsbased model (which had not been considered by the previous Government), the Department turned to models which had been considered and rejected. The reluctance of the private sector financial institutions to develop the ILA was significant.
18. The National Institute for Adult Continuing Education [NIACE] doubted whether the banking metaphor at the heart of the ILA policy had anything to offer the hardesttoreach learners, given that more than 2 million adults do not use any mainstream financial services at all.[31] Another estimate is that up to 7 million people in the UK have no current account at a bank.[32]
19. The DfES decided to keep the concept of the individual, universally available, account but based on discounts for learning. It was felt that a new delivery mechanism was necessary in order to achieve the sort of cultural change in attitudes to training that was desired. In order to be sufficiently attractive for individuals to contribute to their learning, the mechanism had to be empowering, giving control and freedom of choice. Equally, the level of discount had to be sufficient to incentivise individuals to manage, plan and invest in their own learning throughout their lives, whilst ensuring they retained a personal stake through individual contributions.[33]
20. Far from being a savings account, protected by the individual's lively sense of looking after their own money, the ILA now became in effect a kind of voucher.[34] This was the point where there should have been a fundamental re-think about the whole ILA project. Once the savings concept had been replaced by a straightforward offer of a Government-subsidised discount, the name "Individual Learning Account" ceased to be a strictly accurate description of the scheme.
21. Building on the remit set out in the Labour Party Manifesto, there were extensive consultations in developing the ILA policy. The Department actively engaged learning providers and other key stakeholders and partners, for example, through the consultative document ILAs Making Them Succeed (July 1997); ILAs Development Guide (April 1998); and a Windsor consultation (2425 June 1999). Following the Budget Statement in March 1999 and the development of the statutory framework through the Learning and Skills Act 2000, several seminars were held with learning providers and other partners in 2000.[35] KPMG advised the DfES throughout the development phase of the national framework.[36] We expect that the National Audit Office will examine closely the quality of the contribution made by KPMG and the adequacy of the Department's response to the advice it received.
22. Mr Derek Grover of the DfES could not recall specific discussions with other Government Departments on the vulnerability to systematic fraud of the model chosen for delivery of ILAs.[37] The Audit Commission had warned in 1998 that "computer crime is on the increase and while key risks remain new dangers are emerging".[38] In his foreword to the 1998 Beating Fraud Green Paper, the Prime Minister had pointed out that "all kinds of fraud, from petty 'fiddles' through to criminal gangs setting out to defraud the system of hundreds of thousands of pounds, take money away from where it is needed most".[39] He pledged that the Government would work across boundaries - with all Government departments, and with local authorities and others - to share expertise and create a professional approach to anti-fraud work. We regard the failure of the Department for Education and Skills to learn from the mistakes made in the past by its predecessors and other Government Departments to be one of the most disturbing aspects of the ILA experience.
23. Sections 104 to109 of the Learning and Skills Act 2000 granted the Secretary of State regulationmaking powers to set up a framework for ILAs in England and provided equivalent powers to the National Assembly for Wales. The Individual Learning Accounts (England) Regulations 2000 (S.I., 2000, No. 2146) were laid before Parliament on 8 August 2000 and came into force on 1 September 2000. Parliamentary debate on these Regulations, laid during the summer recess under the 'negative' procedure, was not required.[40]
24. To qualify for an account, individuals had to be aged 19 or over and ordinarily resident in the UK. Individuals had to register with a body approved by the Secretary of State. The Secretary of State had wideranging powers under the regulations to decide the amount of any grant paid in respect of an ILA holder, the level of discounts for courses and the types of education, apart from secondary or higher education, which might attract the grants.[41] In practice, many of these details were set out in documentation issued by the DfEE and included the following features:
To open an ILA an individual had to contribute at least £25;
The first million accounts opened, including those accounts opened through the TECs during the pilot stage, would receive a grant of £150 from the Government;
Once one million accounts had been opened, holders of ILAs would be able to claim a 20 per cent discount on most courses up to a maximum of £100;
Certain courses attracted an 80 per cent discount up to a maximum of £200 in any one year and these discounts were available in addition to the £150 grant to the first million account holders;
Incentives were payable only against any part of the course fees paid for by the learner and not any part of the course fees paid for by a third party such as an employer;
Certain kinds of learning were not eligible — mainly recreational and sporting activities where the outcome was in pursuit of leisure rather than learning, for example, skiing lessons.[42]
The 80 per cent discount and the end of vocational tax relief
25. The Chancellor of the Exchequer announced in his 1999 Budget that "for all adults signing up to improve on their basic education -- including computer literacy -- there will be a discount of 80 per cent on course fees. And we will pay for this measure in tax-free learning by phasing out existing vocational tax relief which has been paying for non-vocational courses like diving and flying lessons."[43] The courses qualifying for the 80 per cent discount were limited to a narrow range of IT and Maths courses specified in the DfEE guidance, such as NVQ level 1 Using Information Technology, the European Computer Driving Licence and GCSE and Key Skills 2 Maths.[44]
26. Vocational training tax relief [VTR] had been announced in the 1991 Budget and came into operation in April 1992. VTR was available on payments for activity which could count towards a National Vocational Qualification [NVQ] (up to and including level 5).[45] The relief did not depend upon succeeding in getting the qualification, and there was no need for claimants to be studying (or intending to study) for an NVQ, as long as the claimant was learning something which was capable of counting towards the NVQ. Basic rate relief operated on the 'at source' principle like MIRAS - Mortgage Interest Relief at Source - through the training provider who registered with the Inland Revenue and claimed reimbursement from them on the basis of claim forms collected from trainees, including non-taxpayers. Higher rate taxpayers claimed the basic relief like everyone else and then claimed the additional amount on their annual tax returns. Nontaxpayers could claim because the deduction was allowed at source. Mr Bert Clough of the Trades Union Congress described vocational tax relief as "a very blunt instrument".[46] The number of claims never rose above 300,000 in a year and the annual cost to the Exchequer of VTR at its peak was £60 million.[47]
27. The Government continued explicitly to link the introduction of individual learning accounts to the withdrawal of vocational tax relief.[48] The Association of Computer Trainers stated that, in order to remain competitive, learning providers in both the private and public sector had to become involved in ILAs; to remain outside the scheme once VTR had been withdrawn was not a viable alternative: "a lot of the people who trained with us used ILAs as a means to fund their training whereas previously they would have used Vocational Training Relief".[49] The Association of Colleges argued in their September 2001 paper that past experience with vocational tax relief gave reason to doubt that the 20 per cent discount available for other types of training would be sufficiently powerful to make ILAs the route of choice for many learners.[50] The National Extension College pointed out that "with the end of ILAs there is now no form of government help with the costs of courses for learners outside the publicly funded education sector".[51]
28. The Association of Computer Trainers advocated the return of vocational tax relief as "a simple, short-term expedient" until a replacement scheme for the ILA could be rolled out.[52] Although we understand why the return of Vocational Tax Relief might be seen as an attractive option, in our view the central priority is to roll out a reinvigorated version of the Individual Learning Account.
29. The introduction of the 80 per cent discount was a crucial step in widening the attractiveness of the ILA to unscrupulous operators. For example, a customer would have to pay £50 up front and might receive training that was worth, say, £150, costing the provider £100 more than the £50 he received from the customer. The provider could claim £200 from the Government, in addition to the £50 from the customer. So the customer would have received training worth three times what he paid, and the provider could claim twice what it cost him to provide the training. There was no check or audit which would have uncovered such systematic abuse of the scheme. There was no check on the provider to give good value for money, and no incentive for the customer to complain.
30. The different levels of subsidy gave rise to
another possible abuse. York Consulting found that a
small number of people listed on Capita's database as 80
per cent discount holders [for basic IT and numeracy
skills] were doing ineligible courses such as feng
shui, plumbing or accountancy.[53]
Miss Jane Owens of York Consulting reported that "one
provider to whom we spoke in the early survey said that,
because there was confusion about which courses were
eligible for ILA support, he tended to get people to
fill in the form and send it off and wait to see what
happened".[54] One of the concerns
about the lack of security features in Capita's ILA
Centre is the failure to pick up inappropriate use of
the 80 per cent discount.
The delivery model
31. Under the universal
national framework, some specific groups were targeted
through marketing: women returners, younger workers with
low skills or few qualifications, selfemployed people
and nonteaching school staff. ILAs were also a
mechanism to encourage the development of wider choice
and innovation in the delivery of training and to
attract new providers, not just established providers
known to TECs and the Further Education Funding Council.
This in turn would support improvement in the training
market as individuals and their funding would flow away
from inefficient and ineffective providers and make room
for new providers, particularly those operating in
smaller niche markets and with new, nontraditional
learners.[55]
32. Because the objective
was to bring in new learners and providers, the
programme was designed to be simple and flexible for the
learner and provider with the minimum of form-filling.
The programme was designed to open up the learning
market and to place as few restrictions as possible on
what people could choose to learn; placing real
purchasing power and consumer choice in the hands of
learners for the first time. ILAs were not, however,
intended to be a guarantee of quality of learning or
learning providers as such Government endorsement might
give an unfair market advantage to registered ILA
providers.[56] Mr Derek Grover of
the DfES told the Committee "There is an old saying -
'If you do what you always did, you get what you always
got' - and we really wanted to get some different
learners involved and some different providers".[57]
33. A large number of
providers signed up to deliver learning paid for by ILAs
— 8,910 by the time the scheme was closed down.[58]
We welcome the entry of new and innovative providers
into the market for delivering lifelong learning. It
should have been possible to design a scheme to
encourage new providers that was not wide open to fraud
or abuse by unscrupulous people posing as learning
providers, but the lack of quality assurance made it
almost inevitable that it would be abused.
34. The Association of Computer Trainers described the structure of the ILA scheme as "fundamentally flawed"[59] with shortcomings that were "preventable and avoidable".[60] Mr Stuart Ingleson of Preston College said that "the scheme was set out in such a way that it was a licence to print money".[61] He referred to "the sound of slightly hollow laughter"[62] at the decision of the Government to pull the plug on ILAs, because —
"the people who have worked in this sector since incorporation have been here twice before already. The FEFC administered a scheme called the Demand-Led Element Funding, which ... was almost identical in principle and concept to the Individual Learning Account. That was stopped when it exceeded any budget estimates that had been made for it. The FEFC had to engage in a very humbling retraction in mid-year - it left a lot of colleges in some difficulty and a lot of students promised activity that they were never able to pick up. We have had a similar experience in franchising ... we had similar issues around that and the numbers were at a very, very high level and there were budget considerations. The ILAs have been extremely successful. It is clear that you cannot live with a completely uncapped budget in terms of delivering a project of this size."[63]
35. Our predecessor Committee described the Demand-Led Element [DLE] as "an important incentive for encouraging growth" in the FE college sector.[64] The DLE was an uncapped source of funding, additional to the main allocation to each college, which provided a spur to rapid growth for colleges. It was withdrawn at short notice during the financial year 1996-97, when the then Government decided that bids by colleges for DLE funding would lead to an unacceptable increase in expenditure.[65] According to Mr Guardino Rospigliosi, Principal of Richmond upon Thames College and then Plymouth College of FE, "the DfEE and its predecessors had a good record of planning and it was in this context that the Treasury felt there was not too much risk in offering an openended commitment to fund growth in excess of DfEE forecasts through the demandled element formula".[66] The risk turned out to be too great for the Treasury to bear and the Government decided that all FE funding was to be claimed against the cashlimited section of the Departmental Estimate.[67] Although there are substantial differences between the DLE and the ILA, the Treasury and the Department had reason to be cautious about open-ended commitments to fund learning. As we commented above,[68] the failure of the DfES to learn from past experiences, such as franchising and demand-led funding, is a matter of concern.
36. The demise of the Individual Learning Account provides an interesting case study in collaboration between the public and private sectors. The Government appointed Capita to run the Individual Learning Accounts Centre, following a full tendering exercise under EC rules. The contract, dated 2 June 2000, was valued at around £55m over a five-year period.[69] The Centre was required to provide services to individuals to enable them to open an ILA; to answer queries people had about accounts; and to provide annual statements to people about learning they had done using their account. It was also required to provide administrative support to learning providers who had learners with Individual Learning Accounts. The Centre was required to calculate the relevant discount so that the individual would only have to pay the balance. It would then contact the Department who would pay the remaining balance to the learning provider. Individuals were able to apply to become account holders and providers could register with the ILA Centre from June 2000.
37. The Department retained
responsibility for the policy framework and overall
design of the ILA programme, including the eligibility
conditions for individuals and the definition of
eligible and ineligible learning for funding. Capita was
responsible for translating the policy intentions set
out in the contract into a robust and functional system
and for the operation of the system and associated call
centre facilities to deliver the ILA programme. Their
interpretation of this policy was presented in the form
of a Business Rules Handbook, which was agreed by both
the Department and Capita.[70] The
Department told us that they and Capita jointly reviewed
the services provided against the detail set out in the
contract using formal quarterly and annual review
mechanisms and by way of an annual customer satisfaction
survey, and that changes made to the service became part
of the formal change control process.[71]
The Department's evidence was rather complacent, given
that the process failed to indicate at an early stage
that the ILA scheme was running into problems. The
change control process clearly did not work.
38. The Individual Learning
Account was not a Private Finance Initiative project,
nor strictly a Public Private Partnership. Capita was
hired to provide a service within the limits of the
policy design and delivery model drawn up by the DfES.
Despite the out-sourcing of service delivery, the risks
in effect always remained with the Department.
Surprisingly, the potential expertise of Capita in
designing systems to be fraud-resistant was neither
called upon, nor offered.
The opportunity to use private sector expertise in
policy design fell between the two stools of policy
[retained in-house by civil servants] and delivery
[narrowly defined by the contract as performing
operations to a required standard].
39. The contract was further
developed to reflect the requirements of the ILA service
and the needs of a new public/private partnership
approach to delivery. In particular, the contract
specified a series of service, performance and payment
details. A multidisciplinary team, consisting of DfES
policy, finance and procurement staff, external
consultants and commercial lawyers, conducted
negotiations with Capita. Those negotiations, together
with contract signing, were overseen by the ILA Project
Board which included a range of policy officials and
specialists (Finance, Internal Audit, Procurement). DfES
Ministers were involved in key stages of the process and
were kept informed of progress.[72]
There is nothing in the evidence we have received to
suggest that Ministers sought advice from other
Government Departments, or even heeded warnings from
within their own Department, on how to protect such a
scheme from unscrupulous opportunists.
40. In a written answer, Mr John Healey stated that the DfES "employed a team of four who were responsible for day-to-day performance monitoring, issue resolution, contract finance and budget management. These people, supported by specialists employed within the Department were also engaged in matters relating to the 7 December planned closure of the individual learning account programme. An assessment of the compliance of Capita Business Services in their provision of services at the individual learning account centre is integral to standard contract management arrangements."[73]
41. Mr Derek Grover of the DfES told us that:
"It was not Capita's job to be expert on the quality training provision; that is not what they were asked to do in their contract. What they were asked to do was to run the system that brought together the providers' claim for funding in the individuals' account and their entitlements and to bring those two together. There was a system of provider registration but it was a very basic system; it simply required them to say who they were and give the contact name and the details that were required to do that processing work I have described. It was not a quality assurance system".[74]
42. Mr Grover added:
"Clearly we were alert to issues around IT security.
That was very much built into the contract discussions
with Capita. We took expert external advice on those
issues".[75] By contrast, Mr Roger
Tuckett of Henley Online described the level of computer
security as "pitifully low".[76]
The fact that a provider "could enter a single number
and not even have to crossrelate it to the surname, for
example, was crazy. The fact that the number was a
numeric number rather than alphanumeric meant that there
were ten options rather than 26 and so on".[77]
Capita's ILA Centre gave any provider who joined the
system unlimited access to individuals' accounts.
43. Mr Paddy Doyle of Capita
admitted that once providers had been admitted to the
system "it was very open scheme" and that the numbers of
accounts "were purely in the scheme as reference
numbers".[78] Mr Simon Pilling of
Capita explained that an authorised learning provider
with their authorised user ID and password could go on
the system and draw out information from the system.[79]
An unscrupulous provider could trawl the database and
submit claims for having trained any individual on the
system whose account had not already been spent.
44. Ms Caroline Lambie of Hairnet suggested simple steps to preserve the security of the database:
"people who typed in the wrong number three times should have been shut out of the system in the same way if you are trying to register with your online banker. People who were registering more than 1,000 students per week per centre should have been shut out of the system because there is no way any training centre could train that many people in a week. There are simple things that databases can do and it does not take an IT expert to understand that. I do not know who commissioned it or what consultancy they received on designing databases but certainly it was a very simple system".[80]
45. Mr Paddy Doyle of Capita said: "looking back on it now, looking closely at the sequence of events, as we have done in our investigations, I believe we should have shouted louder and harder at that time about things that we were identifying".[81] He assured us that although "there was an element in the contract which was volume-based" there was no incentive for Capita to ignore fraud and abuse of the system.[82] Mr Simon Pilling of Capita told us that "the client, in this case the DfES, gets best value from organisations like us taking a risk on what the volumes will be, and that is what has happened".[83] Mr Doyle told us that Capita "share our part of the blame in that the scheme has gone wrong".[84]
46. There is a tendency to exaggerate the confidentiality of the Government's commercial contracts. A large FTSE-100 company like Capita is bound by Stock Exchange rules on disclosure, for example, which might include announcements about the value of the major contracts and their effect on future earnings. Once the competitive tendering process is over, it may be questioned whose interests are being served by continuing secrecy. Mr Doyle described the ILA Service Provider Agreement as "an open book contract in terms of costs and profits and all those kinds of things".[85] We appreciate the willingness of the DfES to supply us with the Service Provider Agreement [except for the details of the actual prices in the structure] and other documentation relevant to the conduct of the ILA contract.
47. The lack of prior scrutiny of the delivery model did nothing to improve the ILA scheme's chance of success. We recommend that in future the non-confidential clauses of any such major Service Provider Agreement should be laid before Parliament at least three weeks before coming into effect, in order to allow interested parties and this Select Committee to assess the practicality of the proposed delivery model.
48. A fundamental principle of the design of the ILA scheme was that individuals had to pay a contribution for their learning. This personal investment aspect of ILAs was not only intended to give learners greater control over their personal development but also to increase their personal stake so that they would make sensible and informed decisions about their choice of learning.[86] Mr Peter Lauener of the DfES told us that the requirement for the individual to make a contribution was an important element, although he accepted that having to make a contribution did not equate to satisfactory quality assurance on its own.[87] The DfES had in some cases secured the recovery of public money where the individual contribution had not been made.[88] Mr James O'Brien of Pitman Training Group plc and the Association of Computer Trainers told us "we have certainly found that the more that an individual contributes to the scheme, the greater their ownership and the greater their desire actually to complete that course and complete that experience".[89] Mr Rodger said that York Consulting had found that about half of ILA users heard of the account through a supplier:
"The way in which it is meant to work is that an individual opens an account and is therefore empowered to purchase learning on an informed basis and he/she shops around. Clearly, some did that but it is also quite clear that others were perhaps introduced into a particular kind of learning by a supplier and in many cases did not realise that the account was part of that".[90]
49. Mr Healey said that in a successor scheme the individual's control of the ILA should be emphasised more strongly "because if we are going to realise the policy ambition of this, then the individuals involved, taking out the accounts and then taking up the learning helped by the account, need to understand more clearly the sort of mechanism that they are using".[91]
50. Mr Stuart Ingleson of Preston College commented that "in practice, I would say that this is actually not a demandled scheme at all. It has been a providerled scheme and it is only through the promotion of it that we have attracted many of the individuals that we have".[92]
51. Commercial providers have made a significant contribution to widening knowledge about and access to ILAs, but naturally this contribution was based on the expectation of a direct financial return. If the individual learning account mechanism is to be better understood, users should be told more clearly - but still simply - that far from being tied to a single provider it is designed to enable choice between providers. We recommend that in the successor scheme to the ILA providers should be required to make clear to learners that the learners have a choice about how, when and with whom they use their ILA.
52. In the period leading up to the roll-out of the ILA scheme in September 2000, more than 50,000 individual accounts were opened. Most of these (about 80 per cent) were generated by individuals who had requested an personalised application pack from Capita's ILA Centre. The ratio of personalised application packs mailed out from the ILA Centre to accounts opened was approximately 2 to 1.[93] In that quarter, the remaining 10,000 individual accounts were generated from the 481,000 non-personalised application packs distributed to registered learning providers, employers, and others. The next Quarterly Review, for December 2000 to February 2001, recorded that ILA membership was increasingly (60 per cent) obtained through the use of non-personalised forms.[94] The use of non-personalised forms indicates that the opening of the account was probably stimulated by the provider. In the following quarter, 988,539 accounts were opened and Capita reported that sub-contractors would be used to clear the backlog of non-personalised application forms and to insure that future influxes of applications on non-personalised forms were handled effectively.[95] Between June and August 2001 the trend continued, with 83 per cent of members joining through a non-personalised application form.[96] Non-personalised applications were no longer accepted after 25 September 2001.[97] One of the reasons for withdrawing the use on non-personalised application forms was doubt about whether the individuals in whose name the applications were being submitted really existed. According to Ms Denyse Metcalf of Capita —
"self-certification of membership - ie not to have proof of an individual's existence - was one of those amendments which was introduced in May 2000, so that it was no longer deemed necessary for people to provide additional documentation to prove they existed".[98]
53. Mr Derek Grover of the DfES said that the practice of providers submitting block applications was "one of the areas it became apparent was a source of abuse and we did end that practice and make that unacceptable".[99] Until remedial measures were taken in the summer of 2001, Capita's ILA Centre could not prevent unscrupulous providers creating accounts for individuals whom they had not trained, or who did not even exist.
Accreditation of providers - learndirect
54. Mr Paddy Doyle of Capita stated that the
scrutiny of providers was outside Capita's remit.[100]
In the original model envisaged in the Service Provider
Agreement, it was proposed that registration of
providers should be conditional on being already
registered with learndirect.[101]
As Mr Simon Pilling of Capita told us, "at the time the
system was developed, we were working to a specification
which said we were talking about accredited learning
providers in relation to the learndirect
system".[102] It was later
recorded in the Business Rules that, in a change of
function from ILA Centre to DfEE, accreditation of
learning providers was the responsibility of the DfEE.[103]
It had not proved possible for the information about
learning providers on the learndirect database to
be transferred directly on to Capita's ILA Centre
database.[104] It is not clear to
what extent work on building the learndirect
database was carried forward or whether a target date
was set for implementation. Neither is it clear what
steps the DfEE took to give effect to its newlyacquired
responsibility of accrediting learning providers. One of
the key differences between inhouse and out-sourced
working is that any design change has explicit cost
implications and rigorous change control mechanisms are
needed. These are not apparent in this out-sourcing. The
Business Rules recorded that interim arrangements would
have to be made while work continued on building the
learndirect database .[105]
55. Using the brand name learndirect, the DfES's University for Industry [Ufi] provides a range of services including online courses which can be accessed at home, at work or at one of the learndirect learning centres and an impartial information advice service (which includes a telephone helpline and website holding a national database of learning opportunities).[106] There is also a national database, covering the full range of learning opportunities, operated by learndirect which lists more than half a million courses, including further education, higher education, private and learndirect provision. Any learning provider can be included on the database free of charge. Providers need simply to apply (via the website[107]) to have their courses included. From the evidence it is not clear whether the learndirect database, even if usable, would have fulfilled an accreditation function. It seems surprising to this Committee that Capita was not able to make a speedy assessment of the suitability of the learndirect database to provide assurance on the quality of providers and to advise the Department accordingly.
56. The unavailability of a list of accredited
training providers undermined a key part of the ILA
structure. Mr Paddy Doyle of Capita told us "at the
very start when the system was being built, we believed
that we were going to be hooking up to a database which
was accredited. By the time the decision was made that
that was not possible and it was not going to happen,
the system was built".[108] Ms
Denyse Metcalf of Capita underlined the point: "At no
point was the registration by ourselves meant to
represent a validation. It was a registration to provide
learning under the scheme".[109]
As Mr Peter Lauener of the DfES pointed out, "There is
always a slight danger of confusing quality assurance
arrangements with registration arrangements".[110]
The DfES confused quality assurance with
registration. It is this confusion which lies at the
heart of the ILA debacle. Without a quality threshold or
any systematic audit, there was nothing to stop
unscrupulous opportunists signing up as providers on the
ILA database.
57. Without a quality threshold for providers to join the scheme it was left up to the individual account-holder to decide what course to take and whether it represented value for money. Ms Denyse Metcalf of Capita told the Committee —
"one of the lessons for me in this is that a number of people who were entering learning, which was very laudable, were people who had not had experience of learning and therefore with hindsight they were perhaps not the right people to make the judgement on the quality of the product".[111]
58. Ms Caroline Lambie of Hairnet described the lack
of vetting procedures for learning providers as
"shocking".[112] Mr James O'Brien
of Pitman Training Group plc and the Association of
Computer Trainers told us that he was "astounded that
the lack of quality accreditation was so great".[113]
59. When the 80 per cent discount for a specific list of courses[114] was introduced there was no cap on the eligible course costs that could be claimed.[115] The DfES admitted that "Regrettably, some unscrupulous providers exploited this to charge inflated prices";[116] Mr James O'Brien alleged that "the scheme was abused from day one when it was in an uncapped period".[117] Ms Denyse Metcalf of Capita told us that —
"As early as October 2000 we were aware that some of the courses had not got a capped limit, so prices were rising, and we brought that to the attention of the Department, and they acted upon it and a ceiling was put upon course values".[118]
60. On 20 October 2000, it was announced that in future the Government contribution for each training episode would be capped at £200. This move limited the amount that the Government might be charged for any single episode; but it left the scheme open to abuse by unscrupulous providers with the resources or imagination to multiply the number of false claims they were prepared to make.
61. On 20 September 2000 Mr James O'Brien, the
Managing Director of Pitman Training, wrote to Ministers
to express concern that the programme was open to abuse,
and also that the cap on each individual's ILA account
had been set at too low a level.[119]
Mr Healey has confirmed that this was "the earliest
correspondence we have traced on the specific topic of
potential misuse of the ILA scheme."[120]
Another early example of foresight was drawn to our
attention by Mr Geoff Hall of the Learning and Skills
Council.[121] The minutes of the
termly meeting between DfEE officials and the Further
Education Funding Council [FEFC] held on 13 July 2000
record that the then Director General of Lifelong
Learning at the DfEE "noted the concerns of FEFC members
about the possibility that public funding routed through
ILAs might not be subject to the usual rigorous quality
arrangements, depending on the providers involved".[122]
The Department apparently failed to heed the warning,
given three months before the national roll-out of the
ILA scheme, from its own experts on the Further
Education Funding Council, of the risk to public funding
if rigorous quality arrangements were not put in place.
The emerging picture - who used
ILAs?
62. Although the Association of Colleges said that
anecdotal evidence suggested the availability of ILAs as
a universal scheme, accessible to all and with only a
limited attempt at targeting, had meant in practice that
take up of ILAs had been strong among better qualified
groups, with little penetration among those with poor
levels of attainment or little recent history of
learning,[123] Mr Stuart
Ingleson of Preston College told us that he had
"absolutely no doubt that [ILAs] brought us into contact
with students who otherwise would not have been there".[124]
63. York Consulting described their work as "a
barometer or a dipstick research approach to look at
some of the key activities, characteristics, perceptions
and processes that were going on in terms of ILA
operation. It was not designed as a thorough evaluation
in the broadest sense".[125] Mr
John Rodger of York Consulting told us that in relation
to learning providers the York Consulting study was a
very qualitative piece of research,[126]
although the main survey of account holders did
represent a significant sample.[127]
TABLE - Users of ILAs up to summer 2001
By gender |
Accounts open |
Accounts used |
Female |
709,728 |
310,480 |
Male |
523,528 |
229,500 |
Unknown |
3,786 |
2,171 |
Total |
1,237,042 |
542,151 |
By age |
Accounts open |
Accounts used |
19-30 |
371,594 |
151,895 |
31-40 |
367,395 |
159,362 |
41-50 |
261,886 |
116,387 |
51-60 |
158,532 |
74,115 |
60+ |
77,635 |
40,392 |
Total |
1,237,042 |
542,151 |
By occupation |
Accounts open |
Accounts used |
Housewife/homemaker |
103,241 |
50,040 |
Manual/factory worker |
67,318 |
30,112 |
Manager (own business fewer than 250 staff) |
42,119 |
18,886 |
Office/retail worker |
220,193 |
95,050 |
Senior manager/professional |
120,279 |
49,920 |
Skilled worker/tradesperson |
96,716 |
42,164 |
Teaching/lecturer |
52,330 |
21,672 |
Data not supplied |
276,772 |
123,471 |
Other |
258,074 |
110,836 |
Total |
1,237,042 |
542,151 |
Statistics for the period up to 29 June 2001 [HC Deb
19 July 2001 vol 372 col 404-5W].
64. The key findings of York Consulting's study, carried out between February and May 2001 and published in September 2001, included:
"Demographics - a wide range of earners is represented amongst ILA holders in terms of, for example, employment status, social class and age group. ILAs were proving to be particularly attractive to women, with 59 per cent of the sample being female. Over half of the redeemers[128] were within the 31-50 age group, 43 per cent were in managerial, professional or associate professional occupations.
Previous learning - the vast majority of redeemers (84 per cent) already possessed some form of qualification, with almost two-fifths (39 per cent) saying that they possessed a qualification equivalent to NVQ level 4 or above. Only 16 per cent of the redeemer sample stated that they had no qualifications at all. (This figure is slightly lower than that given within the Labour Force Survey 2000 which found that 16.5 per cent of the UK working age population had no qualifications.)
Courses supported by ILAs - in general ILAs were supporting courses over a range of NVQ levels and via a wide range of delivery methods.
Marketing - national and local marketing of Individual Learning Accounts did not have any significant impact upon the involvement of DfES target groups in ILAs. Most providers did not undertake any targeted marketing of ILAs and tended to advertise them to those individuals who enquire about training provision."[129]
65. According to the Association of Colleges,
further education colleges cited an extensive range of
courses on which ILA account holders had enrolled.
Although computing and information technology ,
including European Computer Driving Licence, Internet
based training [IBT], Computer Literacy and Information
Technology [CLAIT], internet technology, and
computer-aided design [CAD], figured prominently many
others were mentioned including administration, word
processing, horticulture, garden design, floristry,
languages, photography, building crafts, engineering,
electrical installation, mathematics, open college
network programmes, hairdressing, beauty, body massage,
health studies, early years, management, teacher
training and counselling.[130]
66. In July 2001 the DfES asked York Consulting for rapid limited evidence to compare and contrast people who had opened their accounts early on in the national framework with people who had opened their accounts after 1 May 2001.[131] This small scale follow-up study was commissioned in August 2001. The field work, based on a follow-up telephone survey of 659 ILA holders, including 359 individuals previously contacted as part of the Spring 2001 survey, was carried out between 20 August and 10 September 2001. The Research Brief was due to be published in October 2001, but came out on 14 January 2002.[132] Mr Rodger described this delay as "quite normal".[133] The research showed that:
91 per cent of ILA learning met or exceeded expectations
85 per cent of ILA redeemers said the ILA had increased the training/learning options open to them
more than half ILA redeemers (51 per cent) said they had little (27 per cent) or no (24 per cent) prior knowledge of the subject(s) they were studying with ILA support
22 per cent had not participated in any training/learning in 12 months preceding ILA use
16 per cent of ILA redeemers had no previous qualifications
54 per cent of redeemers said their ILA made them more interested in learning
ILAs continued to attract more women than men (66 per cent of recent redeemers were female compared to 59 per cent of redeemers in the spring 2001 survey)
in common with the previous survey the majority of recent redeemers (82 per cent) possessed some form of qualification prior to opening their ILA
over half of recent redeemers (56 per cent) were employed this is lower than in the previous survey (69 per cent)
over half (54 per cent) of recent redeemers said that they would have been able to pay for their most recent ILA supported course without their ILA. This suggested a higher level of 'deadweight' than that of the earlier study, where it had been suggested that 44 per cent of redeemers could have paid for their course without an ILA.[134]
67. The York Consulting researchers were puzzled
that the data Capita gave them for the follow-up study
proved to be unreliable.[135]
Miss Jane Owens of York Consulting told us that the DfES
had asked Capita to provide them with approximately
1,500 records of people who had opened and used their
accounts, but when the telephone calls took place it was
discovered that about 27 per cent of those called said
that they had not used it.[136]
Mr John Rodger of York Consulting said that "at the time
we suggested that it may be due to some data issues in
terms of information given by Capita, who managed the
information system. Their initial reaction was that it
was probably a data issue, or may be a recording issue
in terms of the information that they received".[137]
Under the Market Research Society code of practice, it
was not possible for the DfES to chase up these
individuals directly to inquire how it had come about
that Capita thought their accounts had been used.[138]
One possible interpretation of these facts is that the
ILA Centre was incapable of providing the appropriate
sample on request to the Department's contracted
researchers. Another would be that by the summer of 2001
around one in four of those entered into the database as
having completed training had had their discounts stolen
by an unscrupulous provider before any training had
taken place.
The emerging concerns -
'deadweight'
68. Mr Chris Hughes, Chief Executive of the Learning and Skills Development Agency, told the Committee on 31 October 2001 that ILAs were enormously popular but "inevitably there was a deadweight factor, in that they were going to people who were already involved in the system".[139] The National Institute for Adult Continuing Education [NIACE] expressed the view that "that the near-universal offer was an expensive way to widen participation because of the amount of deadweight".[140] In a written answer, Mr John Healey stated that —
"With any universal offer deadweight will exist. Although not an exact calculation, an assessment of deadweight within the ILA programme can be based upon the evaluation evidence drawn from a series of hypothetical questions. Based on the sample selected the first stage evaluation showed that 44 per cent of account holders said that they would have been able to pay for their course without their ILA discount."[141]
69. The cited figure of 44 per cent comes from the work carried out by York Consulting, who stated that there was conflicting evidence over how many ILA holders would have done the training anyway: "this level of potential deadweight is not surprising when you consider that ILAs are not means tested and are open to everyone over 19 years of age in England".[142] Mr Rodger of York Consulting said that "the amount of targeting that went on in terms of marketing was not significant ... That is one of the conclusions and recommendations that we drew, that if they wanted to get further into the new learner target group they would have to adopt a different approach to marketing and promoting the initiative".[143] Mrs Sammy Betson of Ipswich ITeC told us that she was in favour of universality —
"we were starting to get to the target areas, and by definition they have been out of the education and training system, and that is why we are trying to get at them, because they have been out of it. You cannot then expect them to be first through the door".[144]
70. Mr Geoff Hall of the Learning and Skills Council
said that there were "some fundamental issues" about
targeting and that "one of the difficulties about the
ILA scheme was coping with fee policy. In many cases,
the reason that disadvantaged people do not show up in
your figures is because they were getting 100 per cent
fee remission."[145] Providers
funded by Learning and Skills Councils are not permitted
to charge course fees to adult clients (or their
dependents) on means-tested benefits or to those on
basic skills programmes.[146]
71. Mr Alastair Thomson of the National Institute
for Adult Continuing Education [NIACE] told us that he
was "not convinced that it is the best use of public
money to pay people to do what they would do anyway".[147]
The Trades Union Congress expressed a slightly different
concern, that ILAs should not be used for training which
was job-related and which would otherwise have been paid
for by the employer.[148] It is
of course difficult to make a precise assessment of how
much training paid for using ILAs would in fact have
taken place without the stimulus of the ILA incentive.
72. We note that 57 per cent of people of working
age in England have no qualifications above level 2,[149]
that 24 per cent of adults in England experience
difficulty with either literacy or numeracy or both[150]
and that these people are least likely to be offered
training in the workplace or to actively pursue learning
opportunities at home or in their communities.
73. We recommend that any successor scheme to the
ILA should be focussed on adults whose highest level of
qualification is at level 2 or below and that particular
efforts should be made to promote the scheme through
employers, trade unions, community groups, approved
training providers, schools and colleges.
The emerging concerns -
over-spending
74. Mr Derek Grover of the DfES confirmed that the
ILA scheme "did take off a great deal faster than we had
expected, far faster than the market research ... had
suggested".[151] By September
2001 expenditure on the programme had reached some £180m
and had doubled since May 2001, reflecting rapid
programme expansion over the period, exceeding all
expectations.[152] Ms Denyse
Metcalf of Capita told us "we shared in the delight of
the Department that it had been an extraordinarily
successful scheme as it appeared at that point".[153]
75. By 2 May 2001, the commitment to reach one
million Individual Learning Accounts (964,000 in
England) had been met, a year early, and an average of
3,000 accounts were being opened each day. At that time,
more than half the people who had opened an ILA since
January 2001 had not been in learning in the last three
years. The DfES told us that ILAs were clearly achieving
the aim to make learning more affordable and accessible
and playing their part in encouraging people to take
responsibility for their own learning and development.
Expenditure on the programme had reached some £90m at
this point and the majority of this was on payments to
learning providers for the introductory £150 ILA
incentive using recycled TEC resources.[154]
76. The Department set aside a budget of £202.1
million over the two years 2000 01 and 2001 02.[155]
This was based on achieving 1 million ILAs by April
2002. Spend up to 31 January 2002, following the high
level of take up of ILAs, was £268.8 million.[156]
The final overspend, which will not be known until later
in 2002 03, will depend upon a number of factors, in
particular: the full extent of claims outstanding for
learning booked at 23 November 2001; the extent to which
claims will be validated after investigation and
analysis by officials; and the amount of money recouped
from providers who have filed invalid claims for
payment. The DfES assured us that the final overspend
would be met from within the Department's existing
budget and resources had been identified for the
successor programme.[157]
TABLE: Spending on ILAs
|
2000-01 |
2001-02 |
Total |
DfEE/DfES |
£ 40.4 million |
£ 46.6 million |
£ 87 million |
TECs |
£ 45.4 million |
£69.7 million |
£ 115.1 million |
Total planned spending |
|
|
£ 202.1 million |
Total out-turn (estimated)* |
|
|
£ 265 million |
*In evidence on 23 January, the total over-spend to date on ILAs was
estimated at £ 62.9 million, with further payments of up
to £13.5 million to follow as claims from November 2001
are processed (QQ.29-30). The estimate of the total
overspend [as at the end of February 2002] was £66.9
million.
77. On 28 November 2001, the Chairman of the Select
Committee asked Mr Healey when he had the first meeting
or any meeting with the Treasury to discuss the ILA. Mr
Healey replied that he was "more content to prepare for
the Committee a schedule of the points at which we
consider we took particular decisions and in particular
to identify the points at which any discussions or
notifications were made to the Treasury in advance of
that decision we announced on 24 October".[158]
78. In his supplementary written evidence following the 28 November evidence session, Mr Healey wrote —
"When I gave evidence to the Committee on 28 November, I agreed to provide more information about the points at which decisions were taken regarding ILAs. As the Committee is aware, there were two critical decisions that we took. The first was the decision announced on 24 October that the ILA scheme would be withdrawn from 7 December; and the second was on 23 November when we decided that the scheme should be closed with immediate effect. In both cases, after considering all available information, the Secretary of State took the decisions and then informed the Prime Minister, the Chancellor of the Exchequer and Ministerial colleagues of her decision before the announcements were made public on 24 October and 23 November respectively."[159]
79. The DfES told us that they took into
consideration both the unexpected scale of the programme
expansion and the sharp increase in the volume and
nature of the complaints.[160] As
Mr Hugh Pitman of the Association of Learning Providers
put it, "the ILA programme has, to a large extent, been
a victim of its own success".[161]
80. Without access to the detailed notes of confidential discussions between Treasury and DFES officials, we cannot know how large a part the desire to rein in over-spending played in the demise of the ILA. This is not a satisfactory position and we have requested the Secretary of State to provide us with the relevant papers.
The increasing number of complaints
81. Mr Paddy Doyle of Capita described the growing evidence that things were going wrong as "a creeping thing that crept up on us over a number of months".[162] He told us that —
"In the first nine months, we were getting no evidence of learning providers misbehaving or not getting the right calibre of learning providers through, the volumes were right, the level of complaint was low. It looked sensible. Unfortunately in the spring or so of last year, some learning providers seemed to cotton onto the fact that there was some gain to be had and suddenly we started to see evidence coming through that you have already seen".[163]
82. Mr John Healey told us that "what clearly
happened over the summer was that we started to get
evidence of complaints about the sort of activities and
learning providers that were very much after a quick
buck, very much after subverting the spirit and breaking
the rules of the scheme, and they were the problem for
us".[164]
83. By the end of July 2001, some 3,000 complaints
had been received and by the end of August 2001 this had
risen to 4,300. By the end of September 2001, Capita had
received 6,053 complaints (0.25 per cent of account
holders). By the end of October 2001, complaints had
reached nearly 8,500. These complaints covered a range
of issues, including the ending of the £150 incentive,
but a significant
TABLE - complaints
Month |
Accounts |
Complaints received |
Complaints received (cumulative) |
Percentage complaints (cumulative) |
No of Learning Providers |
Expenditure (Cumulative) |
Sep 2000 |
109,564 |
- |
5 |
- |
2,241 |
£5,949,672 |
Oct 2000 |
214,880 |
360 |
365 |
0.16 |
2,939 |
£12,231,396 |
Nov 2000 |
292,641 |
379 |
744 |
0.25 |
3,500 |
£33068858 |
Dec 2000 |
347,175 |
168 |
930 |
0.26 |
3,876 |
£40136718 |
Jan 2001 |
446,724 |
136 |
1,066 |
0.23 |
4,322 |
£45729618 |
Feb 2001 |
556,928 |
254 |
1,320 |
0.23 |
4,781 |
£54107629 |
Mar 2001 |
661,558 |
172 |
1,492 |
0.22 |
5,383 |
£65,695,333 |
Apr 2001 |
781,572 |
256 |
1748 |
0.22 |
5,785 |
£76,691,231 |
May 2001 |
988,539 |
271 |
2019 |
0.2 |
6,321 |
£90,169,229 |
Jun 2001 |
1,276,275 |
346 |
2365 |
0.18 |
6,935 |
£104,711,045 |
Jul 2001 |
1,578,014 |
731 |
3096 |
0.19 |
7,449 |
£127,851,914 |
Aug 2001 |
1,941,468 |
1,208 |
4,304 |
0.22 |
8,053 |
£152,815,448 |
Sep 2001 |
2,386,238 |
1,749 |
6,053 |
0.25 |
8,471 |
£180,015,080 |
Oct 2001 |
2,529,609 |
2,395 |
8,448 |
0.33 |
8,850 |
£226,841,152 |
Nov 2001 |
2,620,645 |
7,480 |
15,928 |
0.61 |
8,910 |
£260,888,560 |
Dec 2001 |
2,620,645 |
1,335 |
17,263 |
0.66 |
8,910 |
£264,974,254 |
Jan 2002 |
2,620,645 |
1,015 |
18,278 |
0.7 |
8,910 |
£268,835,094 |
Source: DfES memorandum Annex 1 Ev120.
proportion related to money being taken from individuals' ILA accounts without their knowledge and others concerned the operation of ILAs by learning providers which suggested possible abuse and misselling. In addition there were a number of allegations of potential fraud.[165] Over the summer, the Department received growing volumes of complaints from individuals and Trading Standards Officers about misselling, aggressive marketing, poor learning, poor value for money and alleged fraud.[166]
84. York Consulting reported in September 2001 that
high levels of satisfaction were evident amongst
'redeemers' and 'non-redeemers' both with the service
provided by Capita's ILA Centre staff and the overall
service provided by the Centre, although providers
expressed higher levels of dissatisfaction - these were
mainly in relation to, for example: slow website
operation and delays in processing individuals'
applications.[167]
85. The Service Provider Agreement stated that
Capita would provide a system "that can receive,
monitor, report on and resolve complaints".[168]
Ms Denyse Metcalf of Capita told us that all those
complaints that appeared to have substance [ie, they
were not sorted in terms of a discussion with the
provider either confirming that they had made a mistake
or the individual perhaps remembering that they had
actually attended courses] were handed across to the
Department and followed up on a day-to-day set-up.[169]
In December 2000, the Quarterly Review for September to
November 2000 recorded that a formal complaints and
appeals procedure was in the process of being
finalised.[170] Successive
Quarterly Reviews reported that individuals had
complained specifically about their allegedly unfair
loss of incentive through a learning provider confirming
a course attendance which the individual did not
actually attend: 28 in the quarter from December 2000 to
February 2001,[171] 87 in the
quarter from March to May 2001.[172]
During the following quarter, from June to August 2001,
more than 2,600 complaints were received in the quarter
which "often" related to a course confirmation that an
individual did not attend or to non-compliance issues.[173]
86. The Association of Computer Trainers described
the performance of Capita in operating the ILA Centre as
"woeful".[174] Ms Caroline Lambie
of Hairnet reported that "if you phoned Capita you got
people in the call centre who were just there to put
information into the system, they were not there to deal
with any complaints. There was no complaints mechanism
at all".[175]
87. There were two strands of weakness in the
complaints mechanism. The complaints procedure did not
allow providers to complain when the individuals they
had trained had already had their account raided by
another provider registered on the system. The
requirement to count the complaints that Capita did
receive from individuals and the practice of handing any
complaints of substance over to the Department for
investigation did not amount to a robust procedure
either for resolving individual complaints or for
detecting underlying problems in the design of the
scheme. The handling of complaints was a crucial part of
the contract and Capita failed to meet the terms of the
contract. Both types of complaint mechanism, for the
provider and for the learner, failed badly in the ILA
scheme and any successor scheme will have to perform
much better in recognising, handling, remedying and
learning from complaints.
88. Mr Keith Humphries of Dataplus Computer Services
told us that they found calling the ILA centre to be
"really irritating". According to Mr Humphries, "the
call centre staff sounded young, impersonal although not
impolite. It just seemed that they did not have a
complete grasp of the job they were doing or perhaps
just hadn't received adequate training".[176]
Mr Martin Bayliss of TABS Limited told us that Capita
only allowed the individual student to call the centre
with any complaints, even though it was the learning
provider who really lost out if they lost a prospective
customer.[177] The Association of
Computer Trainers said that throughout the fifteen month
period of ILAs, application forms were lost, delayed,
and all too often misread by the software used to scan
in applications.[178] Mr Paddy
Doyle of Capita admitted that because the take-up of the
scheme was so much greater than expected, "we
experienced some service issues and dipped below our
service level agreement on occasions".[179]
It seems likely that some early indications of fraud
were too readily dismissed as 'computer error'.
89. The quarterly service review for June to August
2001 was the first to register concern about the number
of complaints about service providers: "an adverse
aspect of the quarter has been the increasing number of
learning providers who have come under suspicion of at
worst fraud and at best negligence in not following the
spirit of the Scheme's regulations and procedures.
During the quarter Capita submitted proposals for the
establishment of a Quality Standards and Prevention Unit
to support DfES initiatives in this area".[180]
90. Head-Line Communication told us that in general
they felt poorly served by Capita's ILA Centre.[181]
Mr Stuart Ingleson of Preston College told us that
Capita had been "dreadful"; Mr David Gibson of the
Association of Colleges said there had been "deep
concerns".[182] Mr Ingleson told
us that it was particularly difficult for the less
experienced learner faced with "a very complex, to them,
webbased administration system and a telephone help
line that did not work".[183] In
the circumstances, suggested Mr Ingleson, it was not
surprising that they struggled and had difficulties with
the administration. I do not know what the specification
was that they were given, but I do know at that
interface between learner and us and the system we had
huge difficulties".[184] Mrs
Sammy Betson of Ipswich ITeC told us that Capita were
sometimes difficult for providers to get hold of and
"once we came to the point where there were difficulties
with people having had their ILAs used, then it became
very difficult to get through to them".[185]
Mrs Betson was refused any opportunity to talk to a
supervisor or to customer services: "In fact, it was
very difficult to get anywhere with their customer
services line other than, 'thank you, we have made a
note of it'."[186]
91. Mr James Rees of Usdaw told us that what Usdaw
picked up was that increasingly there seemed to be
problems with Capita towards the summer period in 2001:
"They were taking a long time to return information ...
that then produced a lot of problems with the training
set-up when the Capita agency had not responded. .. they
were having a problem over the slowness with which
things were getting processed".[187]
92. York Consulting reported in September 2001 that
providers expressed dissatisfaction in relation to, for
example: slow website operation and delays in processing
individuals' applications.[188]
Mr Martin Bayliss of TABS Limited wrote that "the
turnaround times from Capita were unacceptable".[189]
Ms Barbara Walsh of Longridge Training Centre wrote that
"the people we talked to seemed very young and had an
impersonal call-centre approach to the job. ...
Sometimes, we would be given an answer which seemed
improbable so we would ring again and be given a totally
different answer. The only thing to do in those
circumstances was to ring once again and adopt the
two-out-of-three answer".[190] Ms
Iris Hill, an independent trainer working for Hairnet,
wrote to tell us that "I rang the ILA centre to be told
that there was nothing they could do ... There was no
interest at all in hearing about potential fraud".[191]
Mr Healey said that the DfES was "aware that the Capita
system sometimes struggled in logging on, and
transacting the business that learning providers wanted
to do was sometimes difficult".[192]
93. York Consulting's Research Brief stated that
their Spring 2001 Report had made a number of
recommendations including the need to create national
marketing material, development of the ILA Centre
website and improving the ILA application form.[193]
94. Mr Lauener of the DfES told us that "There is
plenty of evidence that unscrupulous providers started
to exploit the scheme in a major way from about the
summer onwards".[194] He told
us that "the cause of the more recent problems is the
unauthorised access by unscrupulous providers to the
system, those providers already having access in respect
of any of their own learners that they had that they
were working with and providers then going beyond that
to get access using their user ID into other parts of
the system".[195]
95. As at 30 November 2001 5,732 complaints had been received from individuals about ILA incentives taken without their knowledge, out of over 2.6 million account holders.[196] Mr James O'Brien of Pitman Training Group plc and the Association of Computer Trainers told us —
"training providers or organisations had access to the Capita database, once you were into that system if you were given a password to get in there as a training provider you could go and tap in anybody's number and come out with the money being drawn down into your area. If you go back to the summer when the first announcements were that one million accounts had been opened but two and a half million had been registered, that meant you had a 60 per cent chance of hitting a number that nobody else was going to use".[197]
96. Mrs Sammy Betson of Ipswich ITeC told us that as a learning provider "it was very difficult to blow the whistle" when she came across evidence that an individual learner's account had been emptied without authorisation.[198] Mr James O'Brien of Pitman Training Group plc and the Association of Computer Trainers told us that —
"on many occasions when learners went into a training provider, gave them their PIN number to access the system, the learning provider would then go on to the system and find that person's money had already disappeared. The problems that then came from that were that Capita would not allow the learning provider to try and interrogate that, the learner had to go and contact Capita themselves who would then tell them where the money had been withdrawn from. A lot of people could not be bothered to do that but those who did would then phone the companies, if they could get through to them, and find "I am very sorry, we must have mistyped the digits". That money was long gone. How many people did not bother following that up?".[199]
97. Capita admitted that "in hindsight ... it should
have been more robust in the manner in which it sought
to persuade the Department to make changes to improve
effectiveness."[200] We find
it hard to credit that Capita, a major player in winning
contracts for work contracted out to the private sector,
should not have pointed out that, without a quality
threshold for providers, the ILA was a disaster waiting
to happen. The culpability of Capita was matched by that
of the Department, in particular for not demanding more
robust antifraud mechanisms in their specification.
98. Ms Vivienne Parry gave us examples of fraud and
abuse dating back to March 2001, some of which she had
publicised in the News of the World including
bogus promises of City & Guilds Diplomas, the unlicensed
use of Microsoft software and unqualified tutors.[201]
Mr Healey recognised that the News of the World
had "done a particularly good job in exposing some of
the small number of providers who have been misusing the
scheme over the last few months".[202]
The Association of Computer Trainers dated the entry of
'street traders' into the ILA market back to February
2001.[203] Head-Line
Communication told us that "bona fide trainers
had to fight arrivistes whose only interest in training
was its ability to earn them quick money for no
effort".[204]
99. Rumours abound of massive fraud involving up to
80,000 ILAs in a single case.[205]
As Ms Emma Solomon said, "if you are going to defraud it
you are not going to just take £200".[206]
Other anecdotal evidence suggests that shoddy practice
was widespread, for example, door-to-door 'selling' of
ILAs to sign up applicants in return for a worthless
CD.[207] Ms Denyse Metcalf of
Capita said that unorthodox methods were not necessarily
unsound: "one of the things I think was very successful
in ILA 1 and I hope we do not lose, was that the market
became imaginative and the market did actually capture
new individuals who were not previously accustomed to
being involved in education. It would be very sad if
that went".[208]
100. Not all of the misuse of ILA funds amounted to
criminal activity. As Mr Geoff Hall of the Learning and
Skills Council put it, "on top of possibly some, but I
suggest very limited, fraud, there were a lot of scams
apparently but also what I would call hacking in to the
computer system".[209] Mr Stuart
Ingleson of Preston College found "quite staggering" the
lack of checks required in ILA providers compared to the
stringent accountability applied to FE funding: for
example, students only had to attend once for the ILA to
be paid in full.[210] Mr Healey
drew a distinction between misuse/abuse of the spirit
and the rules of the scheme and outright fraud.[211]
The Committee is concerned that, although there has been
a multiplicity of rumour about scams and frauds, there
is very little hard evidence of the extent and amount of
fraud actually committed against the ILA scheme.
101. It is a matter of concern that, while
Ministers were clear that misuse and abuse had taken
place, alongside fraud, they were unable to provide
either an exhaustive list or a working definition of
misuse and abuse. The Department needs to be clear about
which activities are unacceptable.
102. In response to the mounting anxiety about the security of the ILA scheme, the Department took several measures over the summer of 2001 against unscrupulous learning providers. These included:
The formation of a Compliance Steering Group;
Requiring all ILA Providers to sign and return an ILA Learning Provider Agreement from 30 June 2001;
Removing 700 Providers who did not sign the Learning Provider Agreement from the Register on 14 July 2001 (105 were subsequently reinstated after signing the agreement);
Issuing a learner leaflet entitled Choosing Your Learning in August 2001;
A compliance letter sent to all learning providers on 15 August 2001;
Stopping third parties automatically receiving supplies of blank application forms;
Increasing DfES and Capita resources on the investigation of complaints and cases for potential abuse;
A complete redraft of the Learning Provider Guidance (overtaken by the closure of the scheme);
Setting up a joint DfES and Capita Compliance Unit, operational from 24 September 2001;
From 28 September 2001, the Department suspended the registration of new providers and required that all ILA applications had to be made via the ILA Centre. Nonpersonalised applications were no longer accepted.[212]
103. Ms Denyse Metcalf of Capita told us that a
number of providers were taken off the register because
they did not return the re-registration form which
included a commitment to pay back any monies not paid
correctly.[213] The June to
August 2001 Quarterly Service Review shows that the
total number of suspensions for not returning the form
was 504 [414 private, 90 public].[214]
The Quarterly Review stated that "another reason for
suspension of learning providers has been the
non-compliance of providers",[215]
although the numbers permanently suspended appear to
have been very few.[216]
104. Mr Derek Grover of the DfES said that "there were cases where people would be suspended from the list of providers and, in effect, would set up in business again under another name".[217] Ms Denyse Metcalf of Capita said that —
"we did have discussions with the Department about the speed of re-registration. That was one of the reasons why in the late summer we stopped new registrations so that organisations under investigation could not simply open up somewhere else. That was one of the things we would want to tighten up much more. As you are well aware, it is easy for people to buy a company, set up some directors and effectively operate without any of the names from the first company appearing on the second company".[218]
105. Mr Peter Lauener of the DfES said that there were many arrangements where third party selling of learning using the ILA as an incentive, perhaps from door to door, could be "an extremely bad thing, where there is no interest in the learning on the part of the third party or the provider" but only where it was "purely due to a desire to make money out of the scheme, so it is that which is bad rather than necessarily the third-party selling".[219] Trusted intermediaries such as trades union learning representatives also had a part to play in the promotion of ILAs, which the TUC argued provided a kind of quality guarantee.[220] Mr James Rees of Usdaw told us of how his union worked with closely with the employers —
"We tried to develop ways of working jointly with employers so that we could encourage staff to return to learning. Most Usdaw members come from the difficult groups that were talked about in the earlier evidence, those hard to reach groups. As a consequence, our learning reps had a difficult job of work sometimes in encouraging people to return to learning. They were also mostly people who were unlikely to get much in the way of development for their jobrelated training or learning. If someone drives a forklift truck, there is only a certain amount of jobrelated training they are going to get. So we encouraged people to engage in career or personal development learning. The numbers which came through us were quite high".[221]
106. We recommend that the successes of trusted
intermediaries, such as trade union learning
representatives, should be taken fully into account in
designing an ILA successor scheme.
107. In its response to the Department in October
2001, the Association of Computer Trainers was concerned
that new restrictions should not deter individual
learners; in their view the most important thing was to
apply quality assurance before admitting learning
providers to the scheme.[222]
108. The steps taken over the summer and the early
autumn of 2001 to tighten up the operation of the scheme
had clearly not stopped the problems. The DfES admitted
that "the rules and the robustness of the scheme were
simply not sufficiently strong to allow us to prevent
the misuse, and at the margins, outright abuse and some
fraud that clearly was creeping into the system".[223]
109. Mr Peter Lauener of the DfES said that "The judgment we took was that it was too risky an option to stop and patch and relaunch as soon as possible. We had to get to the bottom of all the problems".[224] Mr John Healey said that the steps taken were not sufficient to stamp out the abuse and misuse that was going on and therefore the Department had to take the only responsible decision it could have taken and shut down the scheme.[225] Mr Healey later stated that "the design of the scheme did not allow us to stamp out abuse".[226]
110. The decision to withdraw the ILA scheme with effect from 7 December was taken at an internal meeting in the Department on 18 October and announced on 24 October 2001.[227] Over 8,500 registered providers and 2.6 million account holders were then informed individually in writing.[228] In its initial announcement on 24 October 2001, the DfES played down the fraud angle and gave as the principal reason for closing the scheme that it had outstripped the financial resources available. In her statement, the Secretary of State said:
"The programme has attracted over 2.5 million account holders and has been a great success in bringing down the financial barriers to learning. ILAs have opened up access for a great many people to a wide range of learning opportunities. However, the rapid growth of the scheme has exceeded all expectations, causing us to think again about how best to target public funds in this area and secure value for money."[229]
111. Abuse of the scheme was given only second billing in the announcement on 24 October:
"I also have concerns about the way some ILAs have been promoted and sold. There is growing evidence that some companies are abusing the scheme by offering low value, poor quality learning. We are keen that this does not undermine what has been a very successful programme and so we are acting quickly to protect the interests of individual learners. We have therefore decided to prevent any further takeup of ILAs ... learning begun by existing account holders will continue to be supported provided it is booked with the ILA Centre by 7 December."[230]
112. The DfES Press Release announcing the initial suspension stated :
"Education and Skills Secretary Estelle Morris today announced that the Individual Learning Account (ILA) programme is to be suspended from December 7 in England¼ The Government is ¼ concerned by evidence that some ILAs have been exploited by companies providing poor value for money. To tackle these concerns, the Government has decided to suspend its current ILA programme."[231]
113. We note that at around this time Ministers in the DfES were putting the finishing touches to the document Education and Skills Delivering Results A Strategy to 2006 which included as one of only two milestones for 2002 a commitment to "expand individual learning accounts".
114. On Wednesday 21 November 2001 an approach was
made to the Department by an ILA learning provider
alleging that a third party had offered to sell them a
large number of ILA account numbers. The Department
arranged for a member of its Special Investigations Unit
[SIU] to visit and interview the learning provider the
next day. At the interview the SIU official was
presented with a computer disk that had been passed to
the learning provider, allegedly as evidence of the
authenticity of the offer to sell ILA account numbers.
The disk contained almost one thousand full names,
addresses and contact details as would have appeared on
the ILA record, as well as ILA numbers.[232]
115. Checks on the disk confirmed the data to be
live ILA account numbers which had either not been used
at all (and which were therefore still available for use
to claim funding) or which in some cases had been used
to make a claim in the previous few days. The SIU
conclusions were presented to Ministers on Friday 23
November. In the light of the confirmed evidence that
the disk contained ILA numbers which had been obtained
from the ILA database and the allegations that very
large numbers of such ILA account details were being
offered for sale, Ministers concluded, in line with
police advice, that immediate closure of the programme,
two weeks earlier than planned, was the only way to
protect public funds.[233]
Capita's analysis suggested that there were only four
providers about whom they were particularly concerned in
relation to abuse of the IT system.[234]
Mr Paddy Doyle of Capita conceded that "there were a
number of other issues going on and that does not
necessarily refer back to the IT system".[235]
116. The DfES Press Release announcing the immediate closure of the scheme on 23 November 2001 stated :
"The Department for Education and Skills today called in police to investigate alleged fraud and theft involving Individual Learning Accounts (ILAs).
Officers from the Department's special investigations unit had discovered irregularities on Thursday after being contacted by an ILA provider.
This afternoon, the ILA programme was shut down immediately, two weeks earlier than planned. The ILA programme was to have been suspended from 7 December.
The inquiry is ongoing and the Department is unable to comment further for fear of compromising the investigation."[236]
117. Mr Paddy Doyle of Capita confirmed that
Capita's investigations identified "no evidence of a
breach of security nor hacking of the system in place"
and "no evidence of any Capita employee being involved
in illegal or illegitimate activity".[237]
118. Ms Emma Solomon of Hairnet said that when the deadlines were announced about the closure of the scheme "the website not only slowed down but actually crashed and went out of action".[238] Mr Tim Addison of FutureTeach Ltd told us that from before 4 in the afternoon on Friday 23 November 2001 his firm was unable to access the ILA web site to put on bookings. Mr Addison said that he was told before 5 pm that the system had been taken down for essential maintenance but would be reavailable by 6.30 pm. He told us that the official line was that the system closed at 6:30 pm on that Friday, but Mr Addison alleged that this was not true. He estimated his losses from being unable to post claims on that day amounted to over £10,000.
Compensation for learning providers
119. The Association of Computer Trainers complained
that DfES had reneged on their promise to accept
legitimate training arranged prior to 7 December 2001 by
closing the website early. Many responsible and
professional providers had honoured the contracts
entered into with clients to deliver subsidised training
for those holding a valid Individual Learning Account,
at great cost to the financial viability of their
business.[239] The National
Extension College was "dismayed at the lack of notice
over the ending of the scheme".[240]
Mr Roger Tuckett of Henley Online estimated that the
closure of the ILA scheme could result in "2,000 to
5,000" job losses.[241] Mr James
O'Brien of Pitman Training Group plc and the Association
of Computer Trainers told us that it was "very difficult
to get information on the size of the market" but he
assumed there could be up to 5,000 people squeezed out
from IT training centres or forced to move to other
areas of training.[242] Mr Healey
told us that the DfES had no systematic way of gathering
data on the job losses and bankruptcies resulting from
the closure of the ILA scheme.[243]
120. The Association of Colleges conducted a quick
postal survey of member colleges on 30 November 2001 to
ascertain the effects of the early closure on colleges.
Of the 105 colleges able to submit returns by 22
January, 84 colleges reported that they expected to
suffer a loss of income amounting in total to £1,225,111
as a result of the early closure of the ILA programme.
Colleges generally expected to have to meet this loss of
income in order to honour commitments to students.[244]
The Principal of Preston College, Mr Stuart Ingleson,
estimated the loss of income for his college at
£260,000.[245] When the scheme
was halted prematurely in November 2001, Preston College
had chosen "to honour our marketing and the commitments
we had made to our students."[246]
According to Mr David Gibson: "the colleges did this in
good faith, the money was withdrawn and, therefore,
compensation would be quite legitimate."[247]
121. The Association of Computer Trainers estimated
that three quarters of the 250 training centres they
surveyed would have to make redundancies or face closure
by mid-2002 because of the withdrawal of the ILA
scheme.[248] Mrs Sammy Betson of
Ipswich ITeC told us that "our cash flow has taken a
serious knock".[249] Providers'
experience of being left stranded by the sudden closure
of the ILA scheme may affect their willingness to
operate the successor scheme: Mrs Betson said that "the
question of whether or not we would participate in a
future scheme is whether we have a spoon long enough".[250]
122. Mr James O'Brien of Pitman Training Group plc
and the Association of Computer Trainers told us that
the most important thing was that "the Government had
set a legitimate expectation for individuals to be able
to access that learning up until 7 December and they
should honour that commitment".[251]
Mr Healey said that the DfES "simply had no other
option" than to close the scheme immediately on 23
November.[252]
123. Mr John Healey has repeatedly made it clear that the DfES has no plans to compensate learning providers in relation to the closure of individual learning accounts—
"I do not want to mislead any learning provider ... that somehow there is provision that we can make to support their business as a result and in the immediate aftermath of having to withdraw the scheme. If I have been tough about that it is because I do not want anyone to mistake what I have said or to be misled that somehow it can be a lifebelt of public money which will continue to support their operations".[253]
124. We do not express an opinion on the legal
status of the Department's relationship with learning
providers. We do however note that while the Minister
has reiterated that "there was no contract between the
Department and learning providers, and therefore we are
not considering claims for compensation for those
providers", he also stated that "a new learning provider
agreement" had been introduced.[254]
It is difficult not to see this "agreement" as
introducing reciprocal obligations between its
signatories.
125. It should also be noted that Government
intervention in a market has a distorting effect of a
different quality from that of market entry by a
commercial competitor. The latter is affected by the
same economic rules (relating to risk, staffing,
borrowing, etc.) as those already in the market.
Government risk is less because Government is backed by
the taxpayer and the power of legislation and
regulation; its power is greater because it can shift a
market. Providers with an established market position
may have little choice but prepare to participate in a
Government scheme rather than be overtaken by
competitors. That is not an argument against Government
involvement, merely an indication that Government should
recognize its strength and not use it inadvertently to
damage other players in the market.
126. The Parliamentary Ombudsman is investigating
several individual complaints that mal-administration of
the ILA scheme has resulted in unremedied injustice to
learning providers and individual account holders. We
await the Parliamentary Ombudsman's findings with
interest.
127. We recommend that the Department should at
least re-imburse those bona fide learning
providers who can demonstrate that they have been
financially disadvantaged by the accelerated date of
closure of the scheme. The Department should
appreciate that the way the date for closing the ILA was
brought forward caused a great deal of difficulty for
many learning providers, both large and small, and this
should be borne in mind when launching any successor
scheme.
128. Since November 2001, investigative work has
been continuing. By the end of January 2002, the total
complaints received had reached nearly 18,300 (0.7 per
cent of account holders). Of these, some 5,800 related
to money being taken from individuals' ILA accounts
without their knowledge.[255]
Other complaints of a serious nature included poor value
for money, aggressive marketing techniques, individuals
contributions not being collected and unsolicited
learning materials being sent to learners. The DfES
assured us that all such complaints would be followed
up. These complaints related to some 670 providers out
of the total of 8,910 registered providers.[256]
Mr Healey said that the DfES had "very strong and proper
grounds for withholding payment" from certain
providers.[257]
129. The DfES told us that internal and police
investigations were necessarily thorough and would of
course take time, particularly with such a high volume
of cases.[258] As at 16 April
2002, the SIU was dealing with 117 registered learning
providers against whom complaints had been received. Of
these, the police (nine forces: City of London,
Metropolitan, Leicestershire, West Midlands, Cheshire,
National Crime Squad, Kent, Cumbria and Dorset) were
investigating 80 learning providers. The DfES Special
Investigations Unit was discussing a further 16 learning
providers with the police.[259]
Mr Lauener of the DfES pointed out that the number of
account holders in the West Midlands as a proportion of
the population was certainly significantly higher than
other regions, and that there were probably more cases
of ILA fraud in the West Midlands than in other parts of
the country.[260]
130. By early April, police had made 45 arrests. Ten
people had accepted cautions and charges had been
brought against 13 people, one of whom had already been
convicted.[261] Those figures
include a National Crime Squad investigation of animal
rights extremists which had incidentally uncovered ILA
fraud for which 38 people had been arrested, of whom 12
people had been charged and a further 10 people had been
cautioned. A total of £4.47 million of payments was
still being withheld from the 80 providers referred to
the police and the 16 providers whom the SIU were
discussing with the police.[262]
131. The DfES told us that work was underway to
resolve a range of outstanding issues resulting from the
closure of ILAs. These related to the implementation of
payment procedures to enable the validation and
processing of legitimate claims from providers; follow
up and investigation of learner complaints; and action
to pursue recovery from providers for monies wrongly
paid. The Department told us that it was allocating
significant resources to help ensure that these matters
were dealt with as swiftly as possible.[263]
TABLE - Payments made and withheld after
closure of ILA scheme
|
Payments withheld |
Payments made |
Total |
|||||||
Date |
Claims |
Amount |
Claims |
Amount |
Claims |
Amount |
||||
20 Dec 01 |
136 |
9% |
£1,280k |
76% |
1,383 |
91% |
£3,496k |
24% |
1,519 |
£14,776k |
25 Jan 01 |
84 |
6% |
£2,422k |
51% |
1,241 |
94% |
£2,233k |
49% |
1,325 |
£4,655k |
8 Mar 01 |
11 |
4% |
£108k |
19% |
246 |
96% |
£451k |
81% |
257 |
£559k |
15 Mar 01 |
44 |
6% |
£905k |
51% |
680 |
94% |
£854k |
49% |
724 |
£1,759k |
2 Apr 02 |
31 |
4% |
£460k |
30% |
692 |
96% |
£1,084k |
70% |
723 |
£1,544k |
16 Apr 02 |
85 |
21% |
£544k |
58% |
314 |
79% |
£393k |
42% |
399 |
937k |
26 Apr 02 |
9 |
4% |
£171k |
23% |
224 |
96% |
£559k |
77% |
233 |
730k |
Total |
400 |
8% |
£15.89m |
64% |
4,780 |
92% |
£9.07m |
36% |
5,180 |
£24.96m |
Notes: A learning provider may be included on more than one payment
run. Payments made on 20 December 2001 were for claims
for learning made with the ILA Centre up to and
including 21 November 2001; payments made on 25 January
2001 were for claims for learning made with the ILA
Centre up to 23 November 2001: the other payments were
for learning booked but not confirmed at 23
November 2001, apart from those where payment had been
withheld, to cover subsequently confirmed periods
of learning booked on the ILA payment system. Source:
DfES.
132. On 31 January 2002 officials wrote to all
learning providers explaining the arrangements for
payment of validated, eligible advance bookings of
learning on the ILA Centre system up to 23 November. The
latest date for confirmation of booked learning will be
22 May 2002.[264] Claims have
been invited from providers for learning booked on the
ILA centre system, but not confirmed by the closure of
the Individual Learning Account programme on 23
November, with start dates between 1 September 2001 and
31 March 2002. Providers for whom payment had previously
been withheld had not been invited to claim. The DfES
has made number of payments, which are now being made on
a monthly cycle. Where the Department has complaints or
other concerns, payments are withheld pending the
outcome of validation checks and investigations [see
Table above].[265]
133. Since the closure of the Individual Learning Account programme on 23 November, payments of £8.16 million have been made to 2,883 registered learning providers and payments of £15.12 million to 223 learning providers have been withheld pending results of validation checks and investigations.[266] Mr Healey assured the Committee that all serious complaints were subject to followup and where evidence of potential fraud was found the complaint was passed to the Department's Special Investigations Unit (SIU).[267]
134. The Secretary of State has given "a castiron
guarantee that we will build on the huge success of ILAs
in the next few months and ensure that further plans for
progress on adult learning will take the best from the
best scheme that has ever existed, but also remedy its
shortcomings".[268] Hairnet
commented ironically that "the term 'cast-iron' is not
recognised by most spreadsheet applications".[269]
Mr Healey told us that there were important lessons to
learn not only in relation to any successor ILA scheme
but also for the Department as a whole and "I think
there are also some important lessons for us across
Government from the experience we have had of this
scheme".[270]
135. The Association of Colleges highlighted a number of issues as a result of the early closure:
disenchanted students who had lost an entitlement to public support as a result of the closure or of fraud;
adverse publicity for providers as well as for the ILA programme and Government;
resolving the problems of how to deal with students for whom ILA support had been expected but had been lost as a result of the scheme's closure;
uncertainties over the nature and timing of any replacement programme.[271]
136. Capita "believes that there are several
important lessons to be learned from the operation of
the ILA scheme and the subsequent abuse of information
that has come to light. We would wish to contribute to
this learning process in order to enable any relaunch
of the scheme".[272] Mr Paddy
Doyle of Capita told us that "any relaunched scheme
will need to balance being nonbureaucratic with the
need for tighter systems and business process, along
with new verification, validation and auditing
processes".[273]
137. Mr Bryan Sanderson, Chairman of the Learning
and Skills Council [LSC], said that the LSC had been
asked by the DfES "to comment and to consider what we
will do". In his view, "there is ... an enormous need
for good professional management of anything like this,
and clearly in this case that was somewhat lacking.
There were just too many abuses. The decision to suspend
them was almost inevitable but we do have to come back
at them".[274]
138. The DfES told us that "We are determined to get
to the bottom of what has gone wrong and our
investigations have already identified a number of
lessons which we need to draw on in designing and
managing a successor programme. We will also ensure the
lessons are shared more widely across the DfES and other
Government Departments. There are still a number of
strands of this work under way, however, and we will be
updating this assessment as further analysis becomes
available. In particular, we will shortly have a report
on system security from Cap Gemini Ernst & Young and we
will make available the main findings from this review
in an updated 'lessons to learn' in our response to the
Select Committee's report".[275]
We recommend that the report on system security from
Cap Gemini Ernst & Young should be placed in the House
of Commons Library as soon as it is available.
139. Mr Healey has also indicated that the results
of the review of the development and management of
Individual Learning Accounts by the DfES's Head of
Internal Audit requested on 12 November 2001 by the
Secretary of State would be made available to the House
"in due course".[276] We
recommend that the results of the review of the
development and management of Individual Learning
Accounts by the DfES's Head of Internal Audit should be
placed in the House of Commons Library as soon as it is
available.
140. The DfES summarised the conclusions they had drawn so far as follows:
"In terms of policy design, we need to build in stronger quality assurance mechanisms so that we minimise the chance of unscrupulous providers benefiting from the programme. This is a strong message that has come through from providers themselves. In designing a new programme, however, we will need to balance the need for stronger quality assurance with the need to preserve as much as possible of the simple nonbureaucratic processes which have also been a key to engaging new learners and learning providers;
A related issue is that we need to develop better intelligence about unscrupulous providers and ensure that this is shared amongst different funding and contracting agencies. We plan further analysis of the companies where we are taking forward formal investigations to identify any links with other companies previously involved with fraud and abuse;
There are important lessons about the process of risk identification and management. The ILA programme was managed with a risk log but it is clear with hindsight that this focussed too heavily on the risk of failing to meet programme targets. The Department should have specified a full business model for the ILA programme and subjected this to tests of how abuse could have occurred. This would have allowed us to identify other risks and design better monitoring systems to pick up early warning indicators. We will build this approach into the successor programme;
There are also lessons about the management of a public/private partnership of this kind. We will build in stronger and clearer contract management arrangements into the successor programme, based on the risk analysis set out above as well as on performance and financial information;
There are also important lessons about security when running open, nonbureaucratic programmes. It is clear from our experience with the ILA scheme that a balance must be struck between openness and security. We and Capita agree that any future ILA programme will require stronger security measures across the entire operation to guard against those who are intent on misusing the programme. There will be a need for a tighter security architecture across the successor programme and more rigorous monitoring and management of the security arrangements".[277]
141. Mr Simon Pilling of Capita told us that "you
only learn by delivering a scheme and running a scheme
and incorporating the changes back in. It is not
particularly unusual to have a number of revisions when
it is a new scheme".[278]
142. Accountability and risk should not stifle
innovation in the delivery of public services. The
Public Audit Forum[279] is
committed to adopting an open-minded and supportive
approach to innovation and supporting well thought
through risk-taking and experimentation.[280]
We recommend that the National Audit Office should
take a close interest in the ILA failure, but we expect
its analysis to take a balanced approach as far as
risk-taking is concerned.
143. The Department should have undertaken a full risk assessment of the ILA scheme, which should have been aimed not at designing all risk out of the programme, but rather at understanding the level of risk which was being accepted in return for a recognised benefit such as ease of access.
144. On 25 October 2001, the Secretary of State
announced plans to develop an ILAstyle successor
programme building on the best of the original — one
that attracts nontraditional learners, one that
balances measures to protect the public purse, provides
simplicity for the learner and avoids bureaucracy for
providers.[281] Usdaw argued
that the replacement for the ILA, making learning
affordable for the lower paid, was the key to narrowing
the learning and digital divide.[282]
145. The National Institute for Adult Continuing
Education [NIACE] acknowledged that ILAs were a "bold
and innovative experiment", but said that they found
ILAs "unconvincing" as a centrepiece of policy. Rather,
they should be seen as "an interesting niche product".[283]
The Learning and Skills Development Agency suggested
that "a future role for ILAs should be developed within
the mainstream of post-16 policy".[284]
NIACE cast doubt on whether the basic concept of
discounting was a longterm means of demonstrating the
value of learning.[285] NIACE
argued that other initiatives such as Adult Learners'
Week and bitesize courses had been rather more
successful in reaching nonparticipants.[286]
Mr Michael Stark of the Learning and Skills Council
confirmed that the bite-size programme was "extremely
successful" and "very cost-effective".[287]
146. As Mr James Rees of Usdaw put it, the ILA was "was not the only tool in the toolbox to try and make the learning affordable".[288] NIACE believed that future government initiatives should build upon three principles:
choice and breadth — "encouraging adults to value learning and to invest their own time and money in it is not helped by prescription or proscription. Allowing prospective learners to begin their journey where they want to start is crucial in motivating the least motivated";[289]
entitlements — "allowing prospective learners to access resources ringfenced for their learning reduces the perception of financial risk associated with participation";[290]
putting control of resources in the hands of prospective learners rather than providers — "it is important to remember that the ILA scheme was not brought down as a result of putting trust in learners".[291]
147. The Association of Colleges said that they
"very, very strongly support" the ILA as a successful
means of marketing learning to people who would not
otherwise have had it.[292] The
Association of Colleges would be trying to ensure that
in any relaunch of the programme the weaknesses of the
original design, such as the lack of adequate mechanisms
for ensuring quality assurance, probity and value for
public money, and the unnecessary complications of the
administrative system were eliminated.[293]
148. Mr Paddy Doyle of Capita recognised that "the
business model in terms of a completely open,
nonbureaucratic system with IT systems at the back end
which were mirroring that openness was wrong. It did not
work. We now have to back off and rebuild a business
model which tries to keep the best things from ILA 1 but
tries to close down all those things where the business
model obviously failed".[294] Ms
Denyse Metcalf of Capita also suggested that the
contractor might be more pro-active in developing a risk
register for different kinds of providers and producing
more reactive management information reports, such as
exception reports, to alert the Department to take
action on any emerging issues.[295]
149. The Association of Computer Trainers believed that a successor to ILA could be reintroduced swiftly by:
"accreditation of learning providers and/or training materials through acceptance of the independent accreditations (including from government agencies) held by all legitimate providers;
involvement of local Learning & Skills Councils, who know the local market and who know the learning providers in the area;
an adequate regulatory and compliance framework, to ensure correct controls are in place, without making the scheme unworkable;
provision of clear and unambiguous guidelines for learning providers, with version numbers for clarity and understanding".[296]
150. We highlight below some of the key features
which need to be addressed in the re-design and relaunch
of the ILA. Our advice to the Government is that before
launching the new scheme, they should ask themselves:
how can we most effectively provide high quality
training in a way that makes it difficult to abuse the
scheme?
Partnership with private sector
151. Mr Paddy Doyle told us that Capita would hope
to be involved in the next scheme, "but we have to prove
our worth and that we are going to add value to the next
scheme".[297] There should
not be an automatic assumption that Capita should be the
provider to take forward any new ILA scheme. The
Committee notes the contrast between the Department's
continuing co-operation with Capita and its refusal to
consider compensation for learning providers.
152. Capita proposes that there should be:
prior accreditation and verification of learning providers, particularly those who wish to be approved for provision of distance learning;
authentication of an individual's existence during membership applications;
guidance and advice for account holders on the type of course available under the scheme and on the quality of the training which they should have expected;
verification and monitoring of the courses and the take up particularly with regard to differential and targeted take up;
regular account statements issued to account holders when incentive payments are claimed to enable them to check their accounts are not being improperly used;
a review of the computer system and business process requirements to balance speed and openness of access with probity and control;
formalised partnership arrangements to ensure regular dialogue at all appropriate levels within the client and provider partner organisations in order to ensure that areas of difficulty and improvement are recognised and addressed jointly including the means for escalating concerns and proposals from the client and the delivery partner.[298]
153. While we approve of the innovation which the
ILA encouraged in attracting new learning providers into
the market, the lack of controls preventing abuse of the
scheme point to a serious gap in the relationship
between the Department and its contractor. By
retaining even the smallest details of policy design
within the Department, an opportunity was missed to
transfer the risks to the private sector by transferring
fuller responsibility for the management of the scheme
to the private sector.
154. It is not clear who was responsible for
delivering the specific outcomes of the ILA project.
There does appear to have been some confusion of
responsibilities.
155. We do not under-estimate the difficulty of
getting right the balance between policy and delivery,
but we question whether the DfES could have been bolder
and given Capita a wider brief to deliver the desired
outcomes of the ILA project.
156. The Learning and Skills Council considered that
there remained critical value in the ILA 'brand'.[299]
Mr Paddy Doyle and Ms Denyse Metcalf of Capita agreed
that the ILA brand name, while tarnished, still had
value.[300] Mr James O'Brien of
Pitman Training Group plc and the Association of
Computer Trainers suggested that "it would be a shame to
replace [the ILA scheme] and call it something else".[301]
Ms Liz Smith of the Trades Union Congress thought that
"within unions, there is a sort of positive view of the
brand of ILA in that it helped us. Whether that
necessarily means that the brand 'ILA' is right for the
new scheme I think is a different matter because
obviously there have been an awful lot of very serious
problems, so I think it would be difficult to comment".[302]
We would expect that the ILA brand name will have a
continuing value, despite the problems associated with
the shutdown of the scheme in the autumn of 2001. We
recommend that the value of the ILA brand name should be
market tested by an independent professional firm with
relevant expertise in this field before the successor
scheme is announced.
157. The DfES has been discussing with the Learning
and Skills Council and others how to use existing
learning provider quality assurance arrangements to help
ensure that the provider base for the ILA successor
scheme is quality assured.[303]
Ms Emma Solomon of Hairnet argued that "it was not
actually rocket science to put some proper checks in
there for training providers and learners".[304]
NIACE thought that the lack of quality assurance
arrangements in the ILA system was a surprising policy
misjudgement that was even more shocking than weaknesses
in administrative mechanisms.[305]
Head-line Communication warned that accreditation
training processes needed to be understood as
accreditation in itself was not necessarily a guarantee
of quality.[306]
158. Usdaw suggested that as well as a quality check on the provider, there should be a quality check on the learning that takes place:
"There could be an expectation that the ILA user would achieve a qualification. Where a provider did not achieve a certain percentage of learners with qualifications, an inspection could be triggered. If there were satisfactory explanations (because of the nature of the learners, for example) then the provider would remain on the register. If not, they would be removed from the register."[307]
159. Quality assurance is the one indispensable feature that needs to be built in from the start if the new version of the ILA is to succeed. Prior accreditation of providers would be essential; post-payment audit checks should be carefully targeted, based on a risk profile of providers and their claims. Prior accreditation should be designed to ensure that any obstacles to new providers and innovation are minimized.
160. As pointed out above,[308] it will be essential for any successor scheme to have a robust system in place for recognising, handling, remedying and learning from complaints.
An appropriate accreditation body
161. Mr James O'Brien of Pitman Training Group plc and the
Association of Computer Trainers told us that "in all of
our experience training for most people, particularly at
this level where it is pitched at, is a local experience
and, therefore, to control that locally or regionally is
a far better, more effective way to ensure that it is
reaching the target market".[309]
Mr O'Brien also told us that the Learning and Skills
Councils [LSCs] were "ideally suited" for applying a
threshold to training providers at local level.[310]
He pointed out that "the Department found it within
themselves to write to 2½ million account holders, yet
they did not write and ask the 8,000 or so learning
providers to go and make themselves known to the
Learning and Skills Councils, for example. It would have
been very easy to do".[311]
162. The National Institute for Adult Continuing
Education [NIACE] noted that there appeared to have been
little or no evidence of misuse or abuse of ILAs when
they were first piloted by Training and Enterprise
Councils.[312] Mr Alastair
Thomson of NIACE told us that "there is a very strong
case to look again at rooting the new mechanism more
locally, either regionally or sub-regionally through the
local Learning and Skills Councils".[313]
Mr Roger Tuckett of Henley Online told us that "There
has been a lamentable failure, frankly, in the current
arrangement, which is national ... I get a warm feeling
that the LSCs are well placed to deal with this although
you do get slightly the message that LSCs do have
administrative issues to deal with".[314]
Mr Tuckett described the LSC structure as "an
organisation in transition".[315]
Mr Stuart Ingleson of Preston College also suggested
that the LSCs were the appropriate machinery, albeit
"with some reluctance" because "at the moment I am not
entirely sure how the LSC will develop".[316]
Mr Hugh Pitman of the Association of Learning Providers
told us that the LSCs "have an enormous amount on their
plate".[317]
163. Mr Geoff Hall of the Learning and Skills
Council[318] said that it was
built in to the remit of the LSC that providers should
satisfy a quality threshold to have access to LSC
funding: "they have to be able to perform the basic data
collection and be able to audit it, and they will be
liable to inspection, in most cases through the Adult
Learning Inspectorate".[319]
164. We would expect the Learning and Skills
Council to take the lead in prior accreditation, with a
fast-track registration process for providers with a
proven track record of delivering quality training.
To some extent LSCs are still untested in their new
guise and the Department will need to be vigilant that
to ensure that each of the LSCs matches the
effectiveness of the best. National providers, and
providers of on-line or distance learning, will almost
certainly need to be registered at a national level.
165. The National Institute for Adult Continuing
Education [NIACE] contended that the only case for
having a wide offer would be if it were genuinely
universal — covering initial higher education as well as
further education.[320] NIACE
suggested that a more tightly targeted system might
prioritise either individuals (by level of prior
attainment) or communities (prospective learners in
rural areas disadvantaged by lack of choice, for
example) or both.[321]
166. The Trades Union Congress called for ILAs to
continue to be open to all adults not in higher
education as a way of promoting a lifelong learning
culture but they argued that there is a need to minimise
deadweight by reducing the subsidy to those with
relatively high qualifications and bringing in more
targeting of nontraditional learners.[322]
The Learning and Skills Development Agency identified "a
clear tension between simplicity of operation and closer
targeting to those in greatest need -- increased
targeting inevitably requires more complex
administrative systems".[323]
167. In its consideration of an ILA successor
scheme, the DfES has been considering whether to target
certain learner groups to give better value for money.
Mr Healey told us that it might make sense to consider
targeting the successor scheme in a way that supports
other Government policies, such as helping to close the
digital divide.[324]
168. There needs to be greater clarity regarding the
purpose of ILAs. This would inform the determination as
to whether or not the scheme should be universal. If the
primary aim is to encourage lifelong learning, then the
scheme should be universal. If the primary aim is to
encourage people into learning who have little or no
experience of recent learning, then the scheme should
have some criteria.
169. We are not convinced that the Government had
adequately clarified the precise educational and social
objectives of the ILA scheme nor that it had fully
considered the wider implications of the rejection of
the savings account model. It was unclear whether the
highest priority was to enhance the computer skills of
all adults, to encourage those with few or no
qualifications back into learning or to 'create a
learning culture'. With a target fixed in terms of the
number of accounts, though, it was clear that the
delivery mechanism had become confused with the
educational objective.
170. We recommend (a) that the educational and
social objectives of any successor scheme should be
defined before determining a delivery mechanism and
financial support criteria which advance those
objectives and (b) that those objectives should be
closely integrated with other aspects of policy towards
lifelong learning.
171. Mr Healey told us that there was strong support
for withholding an element of the ILA payment until
after completion of the learning which might "introduce
some sort of check on the delivery of learning, without
necessarily having a complex or comprehensive system for
somehow accrediting the actual nature of the learning".[325]
Ms Denyse Metcalf of Capita said that "we need to look
and explore more carefully the point at which payment
mechanisms come into play. It is clear that at the
moment in the public sector payments are not always made
up front and of course with the ILA it was at the point
of registration on the course. It might be more
appropriate to look at phasing those payments".[326]
172. We expect that the new ILA system will
include some kind of staged payment system, perhaps
combined with early notification to the individual of
how their ILA has been spent.
173. In other parts of the UK (but not in England),
ILAs could be used to purchase advice and guidance. The
National Institute for Adult Continuing Education
[NIACE] argued that integrating any new initiative with
information, advice and guidance strategies should be an
imperative.[327] Mr Derek
Grover of the DfES agreed that "a very important point"
for a successor ILA scheme would be that "we almost
certainly need to do more than was done in the original
scheme to offer information and advice to the
individuals taking it up".[328]
We recommend that provision should be made to pay for
advice and guidance where this can be demonstrated to
advance the objectives of the scheme in terms of
reaching the target audience.
174. The National Institute for Adult Continuing
Education [NIACE] suggested the pooling of accounts was
an area which would merit further development.[329]
They told us that there was evidence from
communitybased lifelong learning policy initiatives
that informed intermediaries could help encourage
participation among groups of new learners.[330]
The Learning and Skills Council also saw advantages in
pooling resources.[331] We see
the possibility of some form of pooling in the successor
to ILAs as a promising area for future development.
175. The DfES told us that it was too soon to be clear on detail or give a firm date for the introduction of the new scheme announced by the Secretary of State in October 2001:
"We are committed to consultation with ILA providers
and learners; drawing lessons from the ILA programme;
and to remedy shortcomings in the programme. The DfES is
also working closely with the colleagues in the devolved
administrations to develop future plans. We are
determined to review thoroughly all aspects of the ILA
scheme before we decide on the details of the successor
programme. We will, therefore, actively involve
providers, learners and other stakeholders in the
development work for a successor programme".[332]
176. The DfES began a consultation exercise in
January 2002, consulting all providers registered at the
ILA centre, 1,000 ILA account holders and other
stakeholders[333] to ask them for
their views on the principles behind the ILA programme
and the strengths and weaknesses of its method of
operation and control systems, including the
registration of providers and learners. The DfES also
invited views on the form a replacement ILAstyle scheme
might take, views on the use of the ILA brand name and
possible changes to the programme (for example the
addition of quality assurance, the provision of
additional advice and guidance to learners, and making
some of the payment dependent on the completion of
learning).[334]
177. The final date for the completion of
questionnaires and interviews was 28 February 2002. The
Department was planning to hold eight seminars in March
to validate the findings of the consultation and to
collect further views. Six of the seminars would be for
providers, one for the TUC and one for the Association
of Colleges.[335] The DfES also
ran an on-line consultation at its www.dfes.gov.uk
website. Mr Healey said that the Secretary of State
would wish to make an announcement on a successor scheme
"just as soon as we can".[336]
178. Mr Stuart Ingleson of Preston College said that "unless we get some steer about the mark 2 ILA ... we will downgrade our estimates of our student numbers".[337] Mr James O'Brien of Pitman Training Group plc and the Association of Computer Trainers told us that "training providers need is that certainty to say when the new scheme is coming ... we can deal with certainty".[338] Ms Sue Cara of the National Institute for Adult Continuing Education [NIACE] told us that —
"we obviously would like to see things move forward as quickly as possible, but I think it is actually critical to get it right, and I think that getting it right is probably a little bit more important in this than ... rushing back to something which just plugged a few gaps".[339]
179. We are not satisfied that the Government
understood, at a sufficiently early stage, the effect of
the sudden closure of the scheme on providers. Many of
the smaller and more innovative providers may be
unwilling to risk entry into a second ILA scheme without
a contractual arrangement with the Department.
180. We sympathise with the private sector providers
who feel let down by the way the ILA system came to
grief, but our judgement is that the Government has to
get it right this time, even if that entails some delay
in getting the new scheme up and running. While we would
certainly prefer to see the successor ILA scheme come
into operation sooner rather than later, our principal
concern is that whatever form it takes, the new form
of ILA should be a permanent and successful part of the
lifelong learning strategy.
181. In addition to work on the successor programme,
the DfES was considering financial support arrangements
for adult learners (outside higher education), and
developing pilot arrangements, as announced in the
December 2001 PreBudget Report, that would test how
free tuition together with employer compensation for
time taken off by employees for learning could act as an
incentive to learning.[340]
The Performance and Innovation Unit (PIU) published its
initial report in December 2001, In demand — Adult
Skills in the 21st Century. The Learning and Skills
Council is developing a Workforce Development Strategy
to address all the main proposals of the PIU Report,
including funding issues.[341]
NATFHE put forward a suggestion that the new form of ILA
might be linked to paid educational leave.[342]
The 2002 Budget included the announcement of pilot
schemes to test four complementary, linked elements of a
new approach to UK skills policy, to include free
learning provision and accreditation for employees
without basic skills or level 2 qualifications to work
towards recognised qualifications up to level 2 standard
(including basic skills) with approved providers.[343]
182. In the DfES document Delivering the Results:
A Strategy for 2006, one of only two milestones for
2002 is "to expand Individual Learning Accounts".
Ministers have made it clear that it is their firm
intention to introduce a new Individual Learning Account
programme.[344] We support
Ministers in their determination to learn the lessons
from the collapse of the first version of ILAs and to
bring forward as soon as practicable a more robust
version which is capable of expanding adult learning, to
the benefit of each learner and the nation as a whole.
183. The Liaison Committee has encouraged select committees to suggest in their reports the terms of proposed substantive Motions for topical debates on the floor of the House.[345] Accordingly, we propose that the following Resolution should be debated by the House:
"That this House approves the Report from the Education and Skills Committee on individual learning accounts;
notes that the lessons from the collapse of the ILA scheme include the need for stronger quality assurance, better intelligence about unscrupulous providers, a full business model, stronger and clearer contract management arrangements with the private sector and tighter security architecture;
and calls on the Government to bring forward as soon as practicable a more robust version of the individual learning account which is capable of expanding adult learning, to the benefit of each learner and of the nation as a whole."
|
4 DfEE Press Notice 2001/238 2 May 2001. Back
6 Q.29. By the end of March 2002 the overspend had reached £69.4 million. Back
7 HC 304-i, Q.1; the written Answer was printed at HC Deb 31 October 2001 vol 373 col 706W. Back
8 HC 304-iv, Q.320 and pages 97 to 100; HC Deb 26 November 2001 vol 375 col 592W. Back
9 HC Deb 6 November 2001 vol 374 col 114 to 213. See also Opposition Day debate on 19 March 2002 vol 382 cols 176 to 234. Back
10 HC Deb 11 December 2001 vol 376 col 199 to 224WH. Back
12 HC 304-vii. Back
13 See List of Witnesses at page 60. Back
14 See List of Appendices to the Minutes of Evidence at page 62 and List of Unprinted Memoranda, also at page 62. Certain documents, including the Capita contract and Quarterly Service Reviews, have not been reported to the House. The DfES has placed a copy of the contract, with commercially confidential information removed, in the Library of the House of Commons - HC Deb 24 April 2002 vol384 col 300W. Back
5 We are grateful to Dominic Webb of the House of Commons Library for his Background Note on which much of this section is based. We have also drawn extensively on the DfES memorandum, printed at Ev114 to 121. See Q.518. Back
16 Competitiveness - Helping Business to Win, May 1994, Cm 2563. Back
17 Competitiveness - Creating the enterprise centre of Europe, June 1996, Cm 3300. Back
19 The Learning Age: a new renaissance for a new Britain, Cm 3790. Back
23 DfEE, Evaluation of Early Individual Learning Account Development Activity, Research Report RR23, August 1999, paragraph 748. The House of Commons Education and Employment Select Committee noted in November 1999 that the principle of the ILA had generally been welcomed - Eighth Report from the Education and Employment Committee, Session 1998-99, Access for All? A Survey of Post-16 Participation, HC 57-I, paragraphs 114 to 117,121; see also the Government's Response to the Report in the First Special Report from the Education and Employment Committee, Session 1999-2000, HC 213, paragraph 27. Back
24 These figures include contributions by Chambers of Commerce, Training and Enterprise [CCTEs]. Back
32 DTI press notice P/200/291 8 May 2001. An NOP survey for the Financial Services Authority found that 17 per cent of adults [about 8 million people] did not own a current account, including 47 per cent of those in social Grade E [defined as those at the lowest levels of subsistence, such as State pensioners or widows (no other earner), casual or lowest grade workers] - FSA/PN/128/2001, 1 October 2001. Back
34 Q 642. See Ev155 Appendix 2 paragraph 14 for references to research on vouchers. See also Towards the learning City: an evaluation of the Corporation of London's adult education voucher schemes by Peter Jarvis et al.,Corporation of London Education Department, 1997. Back
38 Ghosts in the machine: an analysis of IT fraud and abuse, Audit Commission, February 1998. See also the annual Fraud Report from the Treasury , which gives an analysis of reported fraud and best practice guidelines. See QQ. 43, 433,434. Back
39 Beating Fraud is Everyone's Business: securing the future, July 1998, Cm 4102. Back
40 Some Orders or Regulations made by Ministers under powers granted by Acts of Parliament [statutory instruments] are laid in draft and need to be approved by both Houses of Parliament, or in some cases only by the House of Commons, before they come into force. Most statutory instruments are subject to the 'negative' procedure, under which they may come into force on the date specified, subject to annulment if either House of Parliament passes a Motion 'praying' that the instrument be annulled. The time limit for tabling such 'prayers' is extended to the end of 40 days (excluding periods of dissolution or prorogation or days on which both Houses are adjourned for more than four days), so in this case the last day on which an effective motion could be tabled was 6 November 2000. No such motion was tabled. In practice, statutory instruments laid under the negative procedure are seldom debated, even in standing committee, and only in extremely rare cases have such instruments been annulled. As a matter of practice, the Government usually lays such Orders or Regulations at least 21 days before they come into force. Back
41 For variations in the devolved administrations, see Ev116, paragraphs 17 and 18. Back
42 Learning eligible for the Individual Learning Account discounts in England - guidance issued by the DfEE August 2000, page 1. Back
43 HC Deb 9 March 1999 vol 327 col 180-181. Back
44 Learning eligible for the Individual Learning Account discounts in England - guidance issued by the DfEE August 2000, pages 4 and 5. Back
45 Scottish Vocational Qualifications [SVQs] were also eligible for vocational tax relief. Back
47 HC Deb 25 February 2002 vol 380 col 1059W. Back
48 For example, HC Deb 23 June 2000 vol 352 col 335W. Back
49 Ev14, Q.78. Back
53 Individual Learning Accounts - Follow Up Study, DfES Research Brief RBX 01-02, January 2002, page 3. See QQ.89,141. Back
55 See Q.525. Back
56 Ev115 paragraph 8. Back 57 Q.9. Back 58 See Table at page 29 taken from Ev120. Back 59 Ev13 paragraph 3. Back
60 Ev13 paragraph 4. Back 61 Q.224. Back 62 Q.206. Back 63 Q.206. See also Q.316. Back 64 Sixth Report from the Education and Employment Committee, Session 1997-98, Further Education, HC 264, paragraph 21. Back 65 The Minister wrote to the Further Education Funding Council and to all FE colleges on 5 February 1997, placing a copy of his letter in the House of Commons Library. See HC Deb 7 February 1997 vol 289 col 758-9W. Back 66 See chapter by Guardino Rospigliosi in Recurrent Funding in Further Education Reformed edited by Alan Smithers and Pamela Robinson, 2000. Back 67 HC Deb 27 March 1998 vol 309 col 346W. Back 68 Paragraph 22. Back 69 Ev115 paragraph 13. Back 70 Ev115 paragraph 10. Back 71 Ev115 paragraph 11. Back 72 Ev115 paragraph 14. Back 73 HC Deb 17 January 2002 vol 378 cols 445-6W. Back 74 Q.10. Back 75 Q.43. The external consultants were KPMG see paragraph 21. Back
81 Q.367. See also QQ.442,470. Back
82 Q.378. See also QQ.397 to 401, 632 to 638. Back
85 QQ.391, 641. Back
93 Quarterly Service Review June to August 2000 paragraph 3.2 [evidence not reported]. Back
94 Quarterly Service Review December 2000 to February 2001paragraph 3.6 [evidence not reported]. Back
95 Quarterly Service Review March to May 2001paragraphs 3.1 and 2.7 [evidence not reported]. Back
96 Quarterly Service Review June to August 2001paragraph 2.3 [evidence not reported]. Back
97 Quarterly Service Review September to November 2001 paragraph 2.6 [evidence not reported]. Back
100 QQ.482 to 485. Back
101 Section MAB/F/00250 in Schedule 2 to the Service Provider Agreement [evidence not reported]. Back
103 Section 5.101 of the Business Rules [evidence not reported]. See also Q.449. Back
104 QQ.544,606. Back
105 Business Rules Section 7 [evidence not reported]. Back
106 The learndirect network consists of over 1,550 learndirect learning centres grouped together in over 85 'hubs'. A hub is a consortium responsible for one or more learning centres. A typical hub may include colleges, employers, voluntary organisations, universities, trade unions and private training providers. Ufi require hubs to ensure that systems are in place to meet the requirements of recognised QA systems for further, higher and adult education. The Adult Learning Inspectorate began full inspections of learndirect in January 2002. See Q.541. Back
107 www.learndirectadvice.co.uk Back
114 IT and basic mathematics courses such as City and Guilds 4242 ICT basics; BTEC IT desktop skills; GCSE and Key Skills 2 Maths and the European Computer Driving Licence. Back
115 Ev116 paragraph 16. For example, the British Computing Society recommends that 125 hours training (at about £14 an hour, that would total £1,750) are needed to complete the syllabus for the European Computer Driving Licence - see Ev17. Back
119 Ev14, 17-18. Back
120 HC Deb 19 December 2001 vol 377 col 405W. Back
121 QQ.305 to 307, 309 to 311, 317, 318. Back
122 Ev91. See QQ.439-440. Back
126 Q.89 [emphasis added]. Back
128 The York Consulting researchers defined "redeemers" as people who had used the Individual Learning Account to help pay for learning - Evaluation of Individual Learning Accounts Early Views of Customers and Providers: England, DfES Research Report 294, September 2001, page 11. Back
129 Evaluation of Individual Learning Accounts Early Views of Customers and Providers: England, DfES Research Report 294, September 2001, page 1. Back
132 Q.108. See also Individual Learning Accounts - Follow Up Study, DfES Research Brief RBX 01-02, January 2002. Back
133 QQ.116-117. See also QQ.136-137. Back
134 Ev118-119 paragraph 34, based on Individual Learning Accounts - Follow Up Study, DfES Research Brief RBX 01-02, January 2002. See also Ev2. Back
136 QQ.105, 138. Back
139 HC 322-i Q. 16. Back
141 HC Deb 19 December 2001, vol 377 col 405W. Back
142 Evaluation of Individual Learning Accounts - Early Views of Customers and Providers, DfES Research Brief 294, September 2001, page 3; QQ.119-121. Back
146 Ev154 Appendix 2 paragraph 6. Back
148 Ev47 paragraph 2, QQ.153,158 Back
149 In the National Qualifications framework, level 2 qualifications include GCSEs at A* to C, intermediate GNVQ as well as NVQ level 2. ONS/DfES Statistics First Release SFR 02/2002 Table 2. Back
150 Opinion Research Business survey carried out on behalf of Basic Skills Agency - www.basic-skills.co.uk/research Back
152 Ev120 Annex 1. Back
156 The total expenditure of the DfES in 2001-02 is expected to be more than £23 billion. Back
157 Ev118 paragraph 33. See QQ.436 to 438, and 566. The Spring Supplementary Estimates approved by the House on 7 March 2002 included the virement of £126m from Section R [which covers spending outside the Departmental Expenditure Limit including grant-in-aid to the Learning and Skills Council and student loans payments], £90m of which was transferred to Section B [spending within the Departmental Expenditure Limit], which includes a figure of £156m for Career Development Initiatives (including ILAs). In the circumstances, £60m of the £90m was allocated to the line within Section B which includes ILA expenditure [Cm 5385]. Back
158 HC 304-v, Q.360. Back
159 HC 304-v, pages 99-100. See QQ.522 and 523. Back
167 Individual Learning Accounts - Follow Up Study, DfES Research Brief RBX 01-02, January 2002, page 1. Back
168 Section MIS/B/00150 [emphasis added; evidence not reported]. Back
170 Quarterly Service Review September to November 2000 paragraph 2.5 [evidence not reported]. Back
171 Quarterly Service Review December 2000 to February 2001 paragraph 2.9(b) [evidence not reported]. Back
172 Quarterly Service Review March to May 2001paragraph 2.11(b) [evidence not reported]. Back
173 Quarterly Service Review June to August 2001 paragraphs 2.17 and 2.18 [evidence not reported]. Back
176 Ev164 Appendix 7 paragraph 4. Back
177 Ev165 Appendix 8 paragraph 4. Back
179 QQ.336,439. Back
180 Quarterly Service Review June to August 2001 paragraphs 2.15,[evidence not reported]. Back
182 QQ.245 and 246. Back
188 Individual Learning Accounts - Follow Up Study, DfES Research Brief RBX 01-02, January 2002, page 1. Back
189 Ev165 Appendix 8 paragraph 1. Back
190 Ev165 Appendix 9 paragraph 3. Back
191 Ev166 Appendix 10 paragraph 3. Back
193 Individual Learning Accounts - Follow Up Study, DfES Research Brief RBX 01-02, January 2002, page 4. Back
196 HC Deb 19 December 2001 vol 377 col 410W. Back
200 Ev93 paragraph 16. See Q.370. Back
202 HC 304-v Q.331. Back
205 QQ.81 to 83. Back
207 QQ.236 to 238, 264. See also Q.320. Back
211 QQ.529-532. Back
212 Ev116 paragraph 20. See also footnote to Q.22. Back
214 Quarterly Service Review June to August 2001 section 3 [evidence not reported]. Back
215 Quarterly Service Review June to August 2001 paragraph 2.13 [evidence not reported]. Back
216 Q.655. In a written Answer, Mr Healey stated that the number of providers who failed to reregister between June and August 2001was 485. Prior to the closure on 23 November 2001, 47 providers had been suspended from the register of learning providers. None had been permanently removed from the register. From 23 November 2001, payments had been withheld from 239 providers, including 17 of those originally suspended, pending completion of validation checks and investigations into claims- HC Deb 23 April 2002 vol 384 cols 1556W. Back
220 Ev48 paragraph 6. See also QQ.148,150. Back
223 Ev117 paragraph 27. See also Q.23. Back
224 Q.28. See also QQ.45,51 Back
226 HC Deb 19 March 2002 vol 382 col 226. Back
229 The answer given on 24 October 2001 was printed at HC Deb 31 October 2001 vol 373 col 706W. Back
230 HC Deb 31 October 2001 vol 373 col 706W. Back
231 DfES Press Notice 24 October 2001. Back
232 Ev117 paragraph 26; QQ.414, 567. Back
236 DfES Press Notice 2001/0395, available via the www.dfes.gov.uk website. Back
237 Q.336. See also Ev94 paragraph 21. Back
244 Ev64 paragraph 5. See also Q.258. Back
245 QQ.231 to 234. See also Q.208. Back
253 HC 304-v Q. 247. See also HC Deb10 January 2002 vol 377 col 952W; Q.571. Back
254 HC Deb19 March 2002 vol 382 col. 225. Back
256 Ev121 Annex 2. Back
259 HC Deb 16 April 2002 vol 383 cols 897-8W. See also Ev117-118 paragraph 30, ev136. Back
260 Q.53. See HC Deb 13 November 2001 vol 374 cols 7056W. Back
261 HC Deb 16 April 2002 vol 383 cols 897-8W. For previous summaries of the state of investigations, see Ev118 paragraph 30, HC Deb 15 January 2002 vol 378 col 214W and HC Deb 11 February 2002 vol 380 col 99W. Ms Sylvia Iwuagwu, 25, of no fixed abode, pleaded guilty on 16 January 2002 to fraud against the ILA system. Ms Iwuagwu admitted at Southwark Crown Court to five charges of obtaining money by deception from the DfES to a total value of £9,396. She was sentenced on 15 February to 60 hours rehabilitation order and Community Punishment Order. Back
262 HC Deb 16 April 2002 vol 383 cols 897-8W Back
266 HC Deb 23 April 2002 vol 384 col155W. Back
268 HC Deb 6 November 2001 vol 374 col 130. For another example of the cast-iron guarantee, see HC Deb 10 January 2002 vol 377 col 951W. Back
270 Q.520. See also Q.586. Back
274 HC 322-ii Q.148. Back
275 Ev119 paragraph 35, Q.573. Ernst and Young are Capita's auditors. Cap Gemini Ernst & Young is a consultancy organisation formed in June 2000. The group was formed by the established Cap Gemini consultancy group, which bought the consultancy arm of Ernst & Young. There is no commercial link between Ernst & Young and Cap Gemini Ernst & Young, beyond a normal trading relationship. Cap Gemini Ernst & Young will drop the Ernst &Young tag to become Cap Gemini in 2004. See QQ.427 to 429. Back
276 HC Deb 8 January 2002 vol 377 col 708W, Q.574 to 576. Back
277 Ev119 paragraph 36[emphases added]. See QQ.545,548. Back
279 The Public Audit Forum brings together the National Audit Office, the Audit Commission, the Northern Ireland Audit Office and the Accounts Commission in Scotland. Back
280 Implications for Audit of the Modernising Government Agenda, Public Audit Forum, 1999, cited in Performance and Innovation Unit, Wiring It Up - Whitehall's management of cross-cutting policies and services, January 2000, page 57. See also Holding to Account, the Report by Lord Sharman of Redlynch on the review of audit and accountability for central government, February 2001paragraphs 5.40 to 5.48. See also Modern Policy-Making: Ensuring Policies Deliver Value for Money, Report by the Comptroller and Auditor General, National Audit Office, HC289, November 2001. Back
284 Ev153 Appendix 2 paragraph 4. Back
310 Q.85. For the Association of Computer Trainers' detailed prescription for an interim funded training programme, see Ev22 to 26. Back
311 Q.62. The Association of Computer Trainers speculated that the cost of writing to all ILA account holders might have been more than three-quarters of a million pounds Ev15. Back
316 QQ.251 and 253. Back
317 Q.265. See also Q.264. Back
318 Shortly after giving evidence to the Select Committee Mr Hall took up an appointment as Deputy Principal of Nottingham New College. Back
321 Ev56 paragraph 6, Q.174. Back
323 Ev155 Appendix 2 paragraph 18. Back
327 Ev56 paragraph 7, Q.173. Back
330 Ev56 paragraph 7, Q.187. Back
331 QQ.293,334. Back
333 Ev121 Annex 3. Back
343 Developing Workforce Skills: Piloting a New Approach, HM Treasury/DfES, April 2002, page 22. In the National Qualifications framework, level 2 qualifications include GCSEs at A* to C, intermediate GNVQ and NVQ level 2. Back
345 First Report from the Liaison Committee, Session 1999-2000, Shifting the Balance: Select Committees and the Executive, HC 300, paragraph 39. Back