My Lords, I thank the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for the scrutiny of this instrument they have provided. I believe that they were satisfied with it. The draft regulations were laid in Parliament on 18 May 2026. These regulations are the first of three pieces of secondary legislation needed to implement the lifelong learning entitlement—LLE. They establish a new system of tuition fee limits for higher education courses and modules that begin on or after 1 January 2027.
The LLE is one of the most significant reforms to student finance in a generation. For the first time, it creates a single flexible funding system for study at levels 4 to 6, spanning both further and higher education—one that supports people to learn, upskill and retrain across their working lives. The LLE was a central element within the Government’s Post-16 Education and Skills White Paper, supporting the growth and skills missions as well as the industrial strategy.
The case for the LLE is clear. Over a third of job vacancies are unfilled because of skills shortages and at least 80% of the workforce of 2030 are already in work today, yet our current system was designed largely with younger, full-time learners in mind. It does not offer the flexibility for someone who is older, who wants to study part-time, take a short course or module, or retrain mid-career. The principle of a single lifelong learning entitlement was a central recommendation of Sir Philip Augar’s 2019 review. Parliament then established the framework for this through the Skills and Post-16 Education Act 2022 and the Lifelong Learning (Higher Education Fee Limits) Act 2023. These regulations now continue the serious work of implementation.
The LLE will broaden access to high-quality, flexible education and training. It will support learner mobility and help our colleges, universities and other providers respond more effectively to the skills needs of learners, employers and the wider economy. In doing this, it will support the Prime Minister’s ambition for two-thirds of young people to access higher-level learning by the age of 25 and help to increase participation in high-quality technical education. This Government are committed to breaking down barriers to opportunity and driving economic growth, and the LLE is a central part of that mission. These regulations set out the details of the LLE tuition fee limit system. A tuition fee limit is the maximum amount that a provider in England can charge per year if they are subject to a fee cap. Currently this limit is up to £9,790 for a standard full-time course in 2026-27.
My Lords, I welcome these regulations and, obviously, support the objective of the lifelong learning entitlement. As the Minister said, it originated in the Augar review a few years ago, in which the noble Baroness, Lady Wolf, played an important part. I am glad that this Government are continuing the work initiated by previous Governments in this respect.
These regulations are really important because they put in place the funding architecture for the LLE, without which it cannot become a reality. However, the real test will be whether, in reality, the architecture translates into substantially greater participation in lifelong learning, which has always been one of the missing pieces of our educational landscape in England. That will become all the more important in the world we are moving into—that of artificial intelligence. As Ministers and others have noted, we will need to enable the retraining of people many times over the course of their working lives. So I would be interested to hear from the Minister how the LLE is intended to operate alongside employer-funded retraining through the growth and skills levy.
It is important that we have clarity on the boundaries between these two important funding schemes, and how they relate to one another, so that we eliminate any policy confusion that might inadvertently depress demand for lifelong learning, which, as I said, is already pretty low. If a worker needs to retrain because AI has transformed their role, how should they go about it? How will they know whether the expectation from government is that their employer will fund that training or whether they should fund it themselves through loans via the lifelong learning entitlement? I would really welcome some thoughts from the Minister on those questions.
I also have broader questions about the future of this policy. These regulations are a great start and it is better that we are starting down this journey towards more modular study where possible, but I think the Minister has admitted in the past that this is not the end point or final destination. I would like to probe a little further where she sees this policy area going. In particular, when will the LLE be extended to master’s level study—level 7—given the increasing demand for postgraduate-level reskilling in areas such as AI, digital technologies and advanced professional practice? Many adults who need to retrain in the coming decade will already hold a bachelor’s degree, given current levels of tertiary enrolment, and will need to acquire higher-level skills rather than simply further study at undergraduate level or sub-degree level, which is the current area of focus of the LLE.
I also welcome these regulations. They seem to have taken a while, and it is really good to see them. As the noble Lord, Lord Johnson, pointed out, this policy was the number one recommendation of the Augar review, of which I was fortunate enough to be a member. The cross-party support for that has been really gratifying, because we all recognise the importance both of continuing education and training and of greater flexibility.
I thought it might be worth putting on the record some of the things that we were most concerned about, because they lead into the question of how we know whether it is working or whether anything else needs doing. First, we were not particularly looking forward to modular study as such; it was much more about creating a comprehensive change in the student funding system that would build in far greater flexibility.
The thing that we were most concerned about was the rigidity of the equivalent level qualification regulations, which had been brought in by previous Governments. The noble Lord, Lord Willetts, will probably be able to elaborate. The idea was that you should have people going up and up in levels all the time. We felt that that was deeply misconceived and that one of the things you had to do—for everybody, not just for a few additional people—was to make it clear that what was important was what you were learning, not the level at which that took place.
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The other thing it is perhaps worth remembering—which, again, I suspect most people in this Room will remember—is that the whole possibility of the LLE came out of something rather old; namely, the Bologna accord, which nearly 50 European countries have now signed up to. It created a new structure for higher education—the way that we look at it and structure it—which did not exist before.
The reason I emphasise both these things is that one of the challenges we have is that there is a tendency among many people in the wider world to think of the LLE as an addition: you have your basic higher education structure and then you add an LLE on top. This is clearly a misunderstanding. How we know whether the policy is a success is in whether it comes to be seen not as a special policy but as something that people just take for granted—a highly flexible entitlement that you can use at various different points in your life.
That leads me to my main concern, which is nothing to do with the regulations as such—I have ploughed through them and they seem just fine—but with the wider challenge of incentives in the institutions. If you are a struggling further education college or a struggling university, or any university, you have a very strong incentive to keep enrolling people for three—or, even better, four—years. The Minister will know that Augar was very concerned about the growth in foundation years. Government Ministers did not wipe them out in the way we would have liked, though they made some changes. It underlines the fact that we have not only to shift what prospective and actual students can do but to think about the institutional incentives and the supply and demand out there. If you are a university at the moment, you are very concerned, for very good reasons, to enrol full-time students for as long as possible to pay the bills.
My only specific question, which I will take the opportunity to ask, because I think the two are so closely related, is about the forthcoming consultation on whether or not there should be obligations on institutions to offer something other than a straight three-year degree. To shift this and to make sure that the only people who respond to the new opportunities are not the rather marginal players, we need to think about this very hard. If people still end up using up all or most of their entitlement very early on because there are no realistic alternatives, we will have failed. That is what we should be looking for: real shifts in the structure of mainstream institutions, and not just whether there are a few people taking modular courses. But, generally, I thank the Minister and I am delighted to see the regulations.
My Lords, on these Benches we have also long supported the principle of lifelong learning. Because of the rapidly changing economy, where technology, artificial intelligence and the transition to a greener economy are reshaping jobs, people need the opportunity to retrain and upskill throughout their lives. Education should not be something that ends in your early 20s; it should be available for people whenever they need it. I say that as someone who went into higher education in their late 20s.
These regulations are important and part of implementing the lifelong learning entitlement by introducing a credit-based fee system for modular studies. Rather than relying solely on annual fee caps designed for traditional three-year degrees, providers will be able to charge fees proportionate to the number of credits studied. This is a sensible and necessary technical reform if modular learning is to work in practice.
However, as my Lib Dem colleague Ian Sollom argued in the House of Commons, changing the mechanism for charging fees is only one piece of the puzzle. If the Government genuinely want lifelong learning to succeed, they must also address the barriers that prevent adults from returning to education in the first place, because many adults are balancing work, caring responsibilities and the rising cost of living. Flexible courses alone will not encourage participation if learners cannot afford to take time away from work, arrange childcare and access maintenance support. The danger is that we create a system that is technically more flexible but remains financially out of reach for many of those who would benefit the most.
My Lords, I thank the Minister for introducing these regulations. Lifelong access to high-quality education is a key component for a successful society. Access to resources that improve the skills and capabilities of the workforce goes hand in hand with a more dynamic economy and a more independent public. It provides individuals with the freedom to engage in subjects that are their passion and to strive for careers in the industries that they desire. This is largely the raison d’être of universities in our country. Undergraduate courses provide a leg-up into the workforce, while postgraduate and part-time courses allow for further specialisation and reorientation.
That is indeed a reasonable model, but while the structure of post-18 education is sound, His Majesty’s loyal Opposition believe that the incentives can be improved. Undergraduate course tuition fees are capped and thus allow for a broad uptake; conversely, modular and short courses are not. Therefore, there is a rational financial barrier to further higher education. Particularly in the current, fast-changing labour market, which will only accelerate, there is an eminently reasonable case for changing this current model. People will need to be able to retrain and reorient themselves, bolder and faster. Skilled education will become all the more important. That is why His Majesty’s loyal Opposition support these regulations.
My Lords, I genuinely thank all noble Lords for their contributions to this debate. It is always refreshing to debate something with people who were there at the beginning and who were part of the very important Augar review that led to this work in the first place. I appreciate the points made in the debate and I will endeavour to respond to them as well as possible.
Before turning to the specific questions, I will restate why these regulations matter. They are a critical and indispensable step in delivering the lifelong learning entitlement. To respond to some of the points made, that reform is not just about how we deliver modular courses, important though those will be as an opportunity, but how we will, for example, bring further and higher education closer together, open up more flexible and modular study, and give people a real choice in how and when they learn and make it easy for them to return to learning throughout their lives.
As we have said, these regulations set the tuition fee limits that apply to higher education courses and modules that are funded by the lifelong learning entitlement and that begin on or after 1 January 2027. They are not designed to overhaul the entire student finance system, in terms of some of the controversies that we have seen recently. They address a central weakness in that the current system is too rigid and too focused on traditional full-time study and it does not work well enough for adults who want to retrain or upskill across their working lives.
The noble Lord, Lord Johnson, is right that the test for this policy is whether or not this translates into greater participation and whether or not the flexibility enables there to be more opportunities for a wider range of people to upskill and return to learning, at different stages in their working lives. The AI example that the noble Lord used is interesting, and he has previously, and quite rightly, challenged us about the relationship between the growth and skills levy reforms—the apprenticeship levy, in essence—their links to the lifelong learning entitlement and how we ensure that employers have a role in developing the flexible courses that the LLE enables. A key part of our reform and the direction of travel for higher education is to emphasise its role in growth and the relationships it needs to build with employers, which is why they are an integral part of the HE learning and skills partnerships now.
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At present, fee limits are set as a fixed cash amount for each academic year, regardless of how much learning that year contains. That works for a traditional three-year degree but it cannot price a single module or a short course effectively. These regulations replace this with a credit-based approach. Credits are units widely used to signify the amount of learning a student would ordinarily be expected to undertake to complete a particular course or part of a course. Across the further and higher education sectors, definitions are consistent. One credit equals about 10 hours of student learning, so to give a straightforward example for a typical higher education course, the standard higher fee limit amount for the academic year 2026-27 is £9,790 and a standard full-time year contains 120 credits. The LLE per-credit fee limit as described by these regulations represents that £9,790 divided by 120. The result is therefore a tuition fee limit of close to £82 per credit, or £81.58 to be precise. These regulations mean that tuition fee limits can be apportioned in line with the credit size of any given course.
The new system established by these regulations does not change the overall tuition fee limit, as debated by the House earlier this year. The vast majority of students will see no change in the fees they are charged. What changes is the application of the tuition fee limits that have been set. For the first time, fee limits will apply fairly to short periods of study, as well as to traditional longer courses; that is because they will be based on the amount of learning in a course or module. Students will therefore know that their tuition fees reflect the volume of learning they are undertaking. The regulations provide protection for students and taxpayers. There are limits on the credits for which a provider can charge: 360 credits for a typical three-year degree and 180 credits within any one year.
Subject to Parliament’s approval of these regulations, it is my intention to make and lay two further instruments, which are necessary to establish the LLE. The two instruments, on student support and on repayments, have already been published in draft so that the House has full sight of the suite of legislation proposed and the sector can make appropriate preparations for the introduction of the LLE system. These two instruments will both be subject to the negative procedure. Given their dependency on the regulations before us today, they will be made only if both Houses approve these regulations.
These regulations represent a significant step in fulfilling this Government’s commitment to deliver the lifelong learning entitlement. They establish the fee limit system needed to support a more flexible approach to student finance—one that works better for young people and adults alike. By doing so, they will help learners study in a way that fits their lives, help providers respond to changing skills needs and support people across the country to access the education and training they need to succeed. I beg to move.
Secondly, what is the Government’s thinking on eligibility for funding for courses not drawn from existing qualifications? The stipulations in the policy are very clear at the moment: funding will be made available only for modules that are drawn from existing qualifications. I have said on a few occasions that this risks us stifling innovation in what is on offer, meaning that we, in effect, provide access only to more of the same but in smaller pieces. I would be grateful for the Minister’s thoughts on how we can meet demand from employers for shorter, more agile programmes that respond to rapidly changing labour market needs but do not necessarily fit within traditional qualification structures. If lifelong learning is genuinely to become a normal feature of working life, it seems likely that the funding system will ultimately need to accommodate that greater flexibility.
In her remarks, the Minister referred to two further regulations that are going to be laid, one of which is on student support. As she thinks about the future direction of this policy area, could she say whether the Government might soften their stance on student support for online, distance-learning qualifications? It stands to reason—and this is the whole intent of the Government’s policy—that the smaller the unit of study, the more likely it is to be studied at distance and online, given that students will not want to incur the frictional costs of upping sticks and moving to study at another institution in person. None the less, they will still need to incur maintenance costs, which the current regulations do not provide for. As we move into a more modular landscape, it is likely that we will need to rethink that, so I would like to understand the Government’s intentions in that respect.
Finally, what does success look like in this policy area? How are we measuring it? What level of adult participation do the Government want this entitlement to achieve over the next three to five years in shifting the market share away from this category-killing three-year bachelor’s degree towards other more flexible forms of study? Where does the Minister want us to end up in changing the way higher education is consumed and delivered over a horizon of three to five years and by what measures will the Government judge whether further reform is needed? All those points are not to detract from the importance of these regulations: they are a really important beginning. I wish the Minister every success in getting them through Parliament.
There are also legitimate concerns from universities and colleges about the implementation. Higher education institutions are already operating under severe financial pressure. They are being asked to redesign courses, develop modular provision and invest in new admin systems, while maintaining significant financial uncertainty. If the Government want us to embrace these reforms, they must ensure that the funding and regulatory framework give institutions the confidence to innovate rather than simply observe additional costs.
The Lib Dems believe that lifelong learning should also be driven by the needs of the learner and the employer together. Skills shortages continue across sectors, including engineering, construction, digital industries, health and education. The lifelong learning entitlement should help adults to access high-quality qualifications that respond to those workforce needs, while also giving individuals the freedom to pursue learning and personal development and career progression.
While we welcome the direction of travel represented by these regulations, they cannot be viewed in isolation. Success will depend on a wider package of student support, employer engagement, higher-quality careers advice and sustainable funding for universities and further education colleges. Therefore, I ask the Minister three simple questions. First, what assessment has been made of the likely impact of these regulations on participation by mature and disadvantaged learners? Secondly, what support will be available to help providers to implement modular delivery successfully? Finally, how will the Government ensure that the lifelong learning entitlement genuinely widens participation, rather than simply changing the way the fees are calculated?
As I said, the Lib Dems support the ambitions of making learning available throughout life, but ambitions must be matched by opportunity, affordability and proper investment. Only then will this important reform deliver what it promises.
The noble Baroness, Lady Wolf, played an integral part in the Augar review. The previous Conservative Government welcomed the recommendations of that independent review into post-18 education and funding and introduced the primary legislation that makes a lifelong learning entitlement possible. We are therefore grateful that the Government have now taken the steps to make this a reality.
Largely underpinning these regulations is the concept of proportionality. Using credits as the standard unit of learning time is the best way in which to achieve this uniformly. Limiting the number of credits that can be charged per course time and per activity is a start to ensuring that courses are rightly valued. But proportionality of credits does not necessarily equal proportionality of quality and we have many times highlighted the extent of less valuable courses currently within the market. This remains a concern.
It would be fair and reasonable to ask how the Government will ensure that the quality of education matches the cost of the degree past simply looking at credit numbers. This is of particular concern with part-time courses. Flexibility of education is of course a good thing, but it cannot be used to justify students enrolling in modular courses and not having face-to-face time with a teacher. How does the Minister propose to ensure that the highest possible in-person education is taking place face to face, involving engaging with each other and truly gaining from the experience?
In a similar line of thought to that of my noble friend Lord Johnson, we ask more generally what the feedback mechanisms are for this measure. How will its implementation and success be monitored both for providers and students, as referenced by the noble Lord, Lord Mohammed? It was surprising that the Minister in the other place did not answer this question. How will the providers who will naturally incur an administrative cost in implementing this new system be supported in the transition?
However, this does not necessarily mean that the only way to be upskilled in AI, for example, would be through the LLE. It depends on how you want to learn. As part of our reform of the growth and skills levy, we have introduced short courses that can be funded through the levy for those who are employed, and AI is one of the first areas in which we have developed those. So it may be appropriate for employers to enable those in employment to take one of those short courses using the growth and skills levy. If you want to do something more fundamental, which requires a course of at least 30 credits, the lifelong learning entitlement would be more appropriate to use, so that you can go back to a broader higher education course.
On the point about scale, we have been careful to introduce the LLE incrementally, in a way that recognises some of the risks that we have seen in the higher education system recently of uncontrolled expansion and a failure to focus on the quality of what is being offered. That is why we have taken a relatively tightly controlled approach to the first providers of modular courses from January 2027. They will not simply, as I think was suggested, be more of the same but chunked up a bit. For example, the opportunity for further education to provide these courses and for students to be funded through the LLE is quite a significant change and an important development. But we are being careful about the way that we introduce these courses. We will want to expand this in the future, although I am not in a position to say when, at this point. Nevertheless, this is the start of something that will be more radical.
The noble Lord also raised the levels at which the LLE will fund. It is right that the LLE is currently focused on modular and flexible learning at levels 4 to 6, where the greatest need for retraining and upskilling has been identified. The postgraduate master’s loan and postgraduate doctoral loan remain available to help with course fees and living costs, and they provide flexibility to the student.