Ageism legislation scuppers Adult Learners' fees

By David Newman - 05/12/2007

Earlier this year I put a petition on the Number 10 website, asking the Prime Minister to stop local councils from using ageism legislation to justify ending the reduction in fees for pensioners who attend adult learning classes.

 

I wrote: "Newcastle upon Tyne Adult Education Department has stopped the fee reduction for OAPs who attend adult learning classes. They have cited ageism legislation advice from lawyers as the reason. If it is against ageism legislation to give a subsidy to Pensioners then the Government is open to the same accusation when it proposes free travel on buses for OAPs. Once again, a new piece of legislation has been passed that does not, in my opinion, do what was intended."

I have finally received a reply, proving my point to be correct, in that the use of Ageism Legislation to justify no longer giving concessionary fees for Adult Learners was, as the reply states "unfortunate".

Here is the Government's response: "Thank you for your e-petition.  It would be helpful to provide some further background on the Employment Equality (Age) Regulations. The Regulations were brought in to outlaw age discrimination in employment and vocational training, and have been set in place to prohibit unjustified direct and indirect age discrimination for young and old.

"They also create new rights for those in, or seeking, employment and vocational training.The Directives that particularly relate to access to education and training  state that: learning providers cannot set age limits or age-related criteria for vocational training or for benefits associated with the training; and it is unlawful for a Further Education college to set age limits or apply age-related criteria in determining who should be admitted.

"As you can see, both of these Directives are solely about equality of access to vocational education and training, not about the ability or method of paying for such training. The Employment Equality (Age) Regulations also make it clear that age- related practices, such as age-related fee concessions (and, as you mention, bus passes), may be justified where they are a proportionate means of achieving a legitimate aim.

"However we know that, following the introduction of the age regulations, some providers are withdrawing fee concessions for older learners. This is unfortunate, but fee concessions based on age have always been at the discretion of individual providers. If, for example, a college decides after due consideration to remove subsidies from a course then, as an autonomous and independent body, that decision is theirs to make. However, it remains the case that older learners receiving the Pension (Guarantee) Credit are eligible for free learning on publicly-funded further education courses."
 
I then received this from Neil Duncan-Jordan, National Officer, National Pensioners Council: "The National Pensioners Convention has raised this issue both with the Minister for Lifelong Learning, Bill Rammell, and the National Institute for Adult Continuing Education (NIACE). The minister has refused to intervene anymore than making a statement in the Commons. NIACE, however, have agreed to revise their guidance to colleges. We are pursuing this, alongside a possible legal challenge under the Human Rights Act and new equality legislation."
 
In an article in the Newcastle Evening Chronicle (November 22nd) by Peter Young, the Political Editor, he quotes Councillor Peter Allen as saying that the council will write to the Government Department concerned for clarification of the guidelines that the council must conform to. I have also e-mailed the Council's 'Freedom of Information' Officer to let me have a copy of the details when the guideline clarification is received by the council.  And I've asked them to keep me informed of any other relevant information -  for instance, what is exactly said when councillors discuss the matter.
 
I feel most strongly about this whole issue, and ask Mature Times readers: is it fair?

 

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