Do you know what the Baker Clause is? More importantly, does your school fully abide by it? At this point, some readers may be nodding vigorously while others may be feeling a twinge of guilt. Some may simply be confused.

Four years ago, the Baker Clause was introduced through the Technical and Further Education Act 2017. It places a legal duty on schools to ensure that students in Years 8 to 13 have access to information and guidance about technical and vocational education. It also states that every school should have a policy that explicitly sets out how it will ensure that it satisfies this duty.

Why is giving students information on these pathways so important? The reasons are pretty simple, explains Louise Wolsey, group chief transformation officer at London South East Colleges Group.

Careers advice: Schools’ duty to give FE colleges access to students

“Schools really need to be aware of the Baker Clause because it’s about ensuring every young person has the best possible opportunity to progress into the best career path for them,” she says.

“We can’t make assumptions too early about which students will do A levels or which ones will go on to university. Our young people are unique: they have hopes, aspirations and dreams, and they might not know what their future holds.”

Few teachers or leaders would disagree that students should have all the information they need to access the routes into further education that would suit them best.

However, in practice, there are concerns that not all schools are fully abiding by the clause or taking the necessary steps to fully embed its message in their provision.

Indeed, the latest careers guidance, published by the Department for Education (DfE) in July 2021, notes this concern: “The department has evidence that some schools are not complying with provider access legislation (the ‘Baker Clause’) and is taking action to enforce this law.”

So, why is it that some schools are struggling to fully comply with this particular piece of legislation? The reasons vary, suggests Wolsey. One could be the fact that many teachers have followed a GCSE, A-level and degree route themselves, and therefore may not be as aware of the range of vocational opportunities.

Another reason could be concern about competition and funding, which prompts leaders to encourage students to enrol in the sixth form attached to the school (where this is an option). “Schools will understandably want to hold on to their ‘good’ students,” Wolsey points out.

However, whatever the reasons for non-compliance, school leaders may soon need to start paying a lot more attention to the Baker Clause because, as a new bill on skills and post-16 education passes through Parliament, schools could see themselves being scrutinised more closely in this area.

Indeed, in June this year, Robert Halfon, chair of the Commons Education Select Committee and a former skills minister, called on Ofsted to withhold an “outstanding” rating if a school does not comply with the clause. Just weeks later, in a committee hearing, education secretary Gavin Williamson said the government would be “consulting on proposals to strengthen the Baker Clause legislation”, including “making government-funded support for careers advice for schools conditional on Baker Clause compliance”.

So, what can leaders do to ensure that they are in line with the clause, and how can they go about strengthening the availability of information on vocational and technical education in classrooms from September?

The good news is that there are some simple steps you can take that can make a big difference, says Wolsey.

1. Understand the policy position

The first thing leaders need to do is familiarise themselves with the clause, says Wolsey. The full duty can be found on the DfE’s website, under “Careers guidance and access for education and training providers”.

“The clause is clear that schools need to offer a range of education and training opportunities - it’s not enough, for example, to only invite one college in,” Wolsey says. “There needs to be a range of providers, and that then needs to be set out in a public policy statement so parents can read and understand it.”

2. Develop partnerships

Once you’ve got your policy in place, as a leader, you will need to develop ongoing relationships with further education providers and then work together to implement a strategy. “It really can be as simple as going and knocking on the door of your local college or training provider. There will always be someone with a responsibility for admissions and careers advice, who will welcome school leaders with open arms,” Wolsey says.

From here, those relationships will need to develop into productive partnerships, she adds. For example, her college group has a three-year “transition framework” in place, which schools and colleges contribute to, that helps teachers to support young people in making choices about their future.

3. Expand teachers’ understanding

Teachers’ own understanding of the opportunities in further education needs to be strengthened, too, says Wolsey. She suggests that leaders support this by arranging for staff to spend a day visiting an FE college or apprenticeship provider, or attending online continuing professional development events hosted by the providers.

“It’s up to every teacher to develop this knowledge,” she says. “They need to know what a level 1, 2, or 3 is, for example, and the different pathways available in FE.”

Organisations such as the Institute for Apprenticeships and Technical Education have some great free resources to support teachers with this, she adds.

4. Host providers in school

The Baker Clause makes it clear that schools should enable students to come into contact with representatives from a range of education and training providers. An easy way to facilitate this is to invite providers into school to deliver open days, careers events and assemblies. Students of all ages should have the opportunity to go to taster days at different providers, too. “Schools need to build those opportunities into the timetable,” says Wolsey.

5. Include parents

Remember, conversations about careers often happen beyond the school gates, so leaders need to bear in mind that parents need to be educated on vocational and technical routes.

“Parents are starting to wonder, ‘Is university absolutely the right route for my child?’ Schools need to ensure there is a wider conversation with them about the right career choice for their child and, therefore, the right pathway for them.

“Some parents will have fairly fixed views, and they need to be made aware of the opportunities available,” explains Wolsey.

Kate Parker is schools and colleges content producer at Tes

This article originally appeared in the 27 August 2021 issue under the headline “Are you breaking the law with your careers advice?”