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Policymaking in a pandemic

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By Rob Cuthbert

Policymaking in a pandemic must be decisive, transparent and inclusive (1)

After Secretary of State Gavin Williamson announced in March that there would be no GCSE or A-level examinations in Summer 2020, higher education focused at first on whether it would be desirable or even possible for students to begin the new year in Autumn 2020, with particular doubts over international students’ ability and willingness to travel. With the number of UK 18-year-olds in a demographic trough we expected extreme pressure on universities at the exposed end of the market, and there was much talk about the ten or 12 or 14 institutions said to be already especially financially vulnerable. The response of a number of institutions was to make tens of thousands of conditional offers unconditional, reducing uncertainty for themselves and also for their potential students. But ‘conditional unconditional’ offers, even in the market decreed by the government, never seemed to respect the integrity of student choice; it seemed reasonable that they should be outlawed, but government and the OfS went much further.

OfS published its regulation on unconditional offers on 4 May (updated on 17 August 2020, after A-level results by algorithm were announced), enabling OfS to take “… action against higher education providers that use offer-making practices which would not be in the interests of students and the wider higher education sector in these exceptional circumstances.” These included: “Other unconditional offers to UK students that could materially affect the stability and integrity of the English higher education sector …”, which in theory might have threatened selective institutions aiming to hoover up home students to compensate for a possible shortfall of international students, regardless of the effects on universities less well-placed in the market. But after the government imposed temporary student number controls no-one was in much doubt that the target was precisely those less well-placed, in case students dared to choose them rather than those higher up the league tables. Government policy is that student choice is paramount, but only if students choose the institutions which the government think they should choose.

On 16 July the DfE announced a ‘restructuring regime’ in response to Covid19, a mixture of University Strategic Planning 101 and oddly selective messages about the specific requirements to be satisfied by the minority of universities expected to need ‘support’. The Secretary of State’s foreword said: “Public funding for courses that do not deliver for students will be reassessed. … all universities must, of course, demonstrate their commitment to academic freedom and free speech, as cornerstones of our liberal democracy. … The funding of student unions should be proportionate and focused on serving the needs of the wider student population rather than subsidising niche activism and campaigns. Vice-chancellor pay has for years faced widespread public criticism … equally concerning is the rapid growth over recent decades of spending on administration more broadly, which should be reversed.”

The announcement was much criticised but it receded from view as the threat of ‘restructuring’ diminished. Demand for HE with a 2020 start remained strong, with UCAS numbers higher than expected. The intentions of international students were still in doubt, but attention shifted to the slow-motion shambles of A-levels, and the hardly less shambolic, though less remarked, handling of International Baccalaureate and technical and vocational qualifications. Ofqual and DfE remained committed to their A-levels algorithm, doubling down on the assertion that it was the fairest way to determine grades in this unprecedented situation. This was despite the growing clamour of expert opinion pointing out the many faults and unfairnesses in the approach determined by Ofqual. The DfE/Ofqual response might have seemed resolutely decisive, but was neither transparent nor inclusive. A series of blogs from HEPI and many others provided more transparency than the government and Ofqual statements which had led most people to believe wrongly that ‘teachers are determining grades’ and ‘there is a robust appeal system’.

Scottish Higher assessments followed a similar approach to the English but were announced on 6 August, a week ahead of A-levels. Facing mass public protest, First Minister Nicola Sturgeon admitted on 10 August they had got it wrong; education minister John Swinney the next day announced they would abandon their algorithm and use only Centre-Assessed Grades (CAGs), a reaction which ticked the decisive/transparent/inclusive boxes, albeit after the last minute. The Scots decision sent the English DfE into panic mode. Gavin Williamson had repeatedly nailed his colours to the this-algorithm-is-robust-and-fair mast; he would not follow Scotland’s lead, and there was no sensible alternative. So he went for something that wasn’t sensible – the announcement late on Tuesday night (11 August, just 36 hours before students would get their grades) that students could use mock grades under certain circumstances instead of the algorithm’s grades. It was a decision made without consultation with anyone, so not at all inclusive, and certainly less than decisive, but at least it seemed transparent.

For thousands of students who had taken mocks, it sounded like blessed relief. Not only could they apparently now make an individual appeal (something previously ruled out), they knew it would succeed. But that was late Tuesday night. By Wednesday morning Ofqual, Schools Minister Nick Gibb and Universities Minister Michelle Donelan were doing their best to dilute and obscure the message, saying only that mocks might form part of the grounds for an appeal and even suggesting that not many appeals were expected. Schools and colleges, who had only that day received their students’ grades with shock and horror, pointed out the huge variability and complete lack of standardisation of mocks even within one school, let alone across the whole sector. Williamson stood firm on his ‘triple lock’ – mocks or algorithm grades or Autumn exams. It was presented as a solution for all, when it was nothing of the sort. He had announced that Ofqual (who had not been consulted in advance) would issue guidance on how the new appeals system would work; Ofqual understandably said they would need a few days to work out how to operationalise the process. They issued advice on the amended appeals process by early afternoon on Saturday, suggesting (correctly) that CAGs were a more reliable basis for judgment than mock exams. Then very late on Saturday evening Ofqual withdrew its advice, saying that the Ofqual board would review it and another statement would follow ‘in due course’. Speculation centred on the suspicion that it was the mention of CAGs that might have caused the Department for Education to tell Ofqual to change tack, mostly because of a report in The Sunday Telegraph by the well-briefed Camilla Turner. This was the position at midday on Sunday.

The next day (Monday 17 August) came the final climbdown, as Williamson confirmed that England would follow Scotland in using CAGs rather than the grades determined by the algorithm. Universities were left scrambling to cope with the U-turn, and many students were left wondering whether they still had the place they originally wanted, as many in-demand courses had naturally been filled as usual very soon on the day of the announcement of results, 13 August. Former NUS President and chair of BPP University Aaron Porter wrote for Schoolsweek on 18 August 2020 about the consequences of government ‘passing the buck’ to universities to sort out the A-levels fiasco, and Education Select Committee chair Robert Halfon called for the abolition of Ofqual.

Universities minister Michele Donelan wrote to universities on 20 August 2020 confirming the lifting of all student number controls and the establishment of a task force to oversee clearing and admissions for 2020. She said: “The interests of students were at the heart of the change in awarding results … we all agree that providers should: (1) Honour all offers accepted to date. (2) Honour all offers made and met through the new arrangements for both firm and insurance offers where students would like to take them, wherever this is possible.” That ‘wherever this is possible’ gave everyone a get-out clause, while doing its best to shift the blame away from government and onto the universities, but the blame game picked up speed. A VC’s diary in The Guardian on 21 August 2020 accused government ministers of incompetence and lack of compassion, and it was clear that universities could hardly be blamed for the A-levels mess. Ofqual’s attempts to shift the blame onto schools and colleges were equally unconvincing. It had emerged that the Royal Statistical Society had much earlier offered Ofqual the services of the redoubtable Guy Nason (Imperial) and the statistically legendary Sharon Witherspoon, but the RSS had declined to sign the non-disclosure agreement which Ofqual had proposed. Roger Taylor, chair of Ofqual, wrote to the RSS on 21 August 2020 saying “nothing to see here, you were being much too picky” (we paraphrase), but the next morning Stian Westlake of the RSS was on Radio 4 Today saying the NDA was far too broad and vague to be acceptable.

The first head rolled: Ofqual chief executive Sally Collier stepped down on 25 August with immediate effect; Collier’s predecessor Glenys Stacey was drafted as an interim replacement. Ofqual were summoned to an Education Select Committee hearing on 3 September, and Roger Taylor released a statement just hours before the hearing, memorably summed up by Committee chair Robert Halfon as saying “Not me, guv”. Taylor, it emerges, is also chair of the Centre for Data Ethics and Innovation, which advises the government on artificial intelligence – presumably not including what the Prime Minister called Ofqual’s ‘mutant algorithm’. Taylor made various promises to the Committee of transparency, of which some remain unfulfilled. It was reported that Taylor had kept his chair’s role because he threatened to publish all the correspondence between DfE and Ofqual, showing how much DfE had known all along about the algorithm and its effects.

Samantha Booth reported for SchoolsWeek on 21 August 2020 that Susan Acland-Smith, “has been appointed as second permanent secretary at the DfE for six weeks, temporarily leaving her role as chief executive of the HM Courts and Tribunals Service. The government said she will work “closely” with permanent secretary Jonathan Slater and “support” the department’s response to this year’s exam results.” Slater’s position was said to be under threat, and sure enough, Slater’s departure was confirmed on 26 August, with Acland-Smith becoming his permanent successor.

Taylor, against the odds, remains as Ofqual chair. In an unusual step, the respected Institute for Government Director Bronwen Maddox called for Secretary of State for Education Gavin Williamson to resign, in her 27 August 2020 blog. “The misjudgements in education have been some of the worst the government has made since the start of the pandemic. They were avoidable, given the time available to plan … they are serious in their impact on children’s education, the gap in achievement between social groups and the ability of the nation to get back to work. At the heart of these misjudgements are decisions that could only be made by politicians, not civil servants.” Senior Tory backbencher Bernard Jenkin said Williamson had “lost the trust of his officials to such an extent that he can no longer serve effectively in the cabinet”, according to a report by Toby Helm and Michael Savage in The Observer on 23 August 2020. My HEPI blog on 16 August 2020 about the A-levels debacle said: “for five months the Government and Ofqual have been too secretive, made bad choices, refused to listen to constructive criticism, tried to tough it out and then made the wrong concessions too late.” Not decisive, not transparent, not inclusive, and not how to make policy in a pandemic.

  1. That was the view of Ramathi Bandaranayake and Merl Chandana (both at LIRNEasia, a regional digital policy think tank based in Colombo, Sri Lanka) on the LSE Impact Blog on 1 October 2020.

Rob Cuthbert is Emeritus Professor of Higher Education Management, University of the West of England and Joint Managing Partner, Practical Academics

Author: SRHE News Blog

An international learned society, concerned with supporting research and researchers into Higher Education

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