Askham Bryan College’s application for capital funds to support the development of a calf and grower teaching building for cattle was included in the Yorkshire and Humber Institute of Technology proposal which was submitted on 21 November 2018.

The Yorkshire and Humber Institute of Technology proposal was approved on 7 November 2019.

Within the Yorkshire and Humber Institute of Technology proposal, Askham Bryan College were approved to receive £1,746,448 capital funds.

Askham Bryan College have been paid £489,880 to date. The balance of funding, £1,256,568, is due to be paid in this financial year (2021/22).

All Local Enterprise Partnerships (LEPs) are subject to mid-year and annual performance reviews that consider areas of governance, delivery performance, and strategic impact. The York and North Yorkshire (YNY) LEP was considered to have met the requirements in all three areas following its 2020-21 annual performance review. The delivery assessment took account of YNY LEP’s overall performance in delivering its Local Growth and Getting Building Fund programmes, including progress on the delivery of Askham Bryan projects being funded from these programmes.

In order to provide assurance on the robust stewardship of public funds and to meet governance performance requirements, LEPs are required to develop a local assurance framework that meets the mandatory governance, accountability, and transparency requirements set out in the National Local Growth Assurance Framework.

In so doing, LEPs must put in place appropriate data protection arrangements in line with the Data Protection Act 1998, the General Data Protection Requirements (GDPR), and the Data Protection Act 2018. YNY LEP is the data controller for data they collect including any relating to Askham Bryan College. The LEP should ensure it follows the appropriate procedures and that internal processes are compliant with the legislation.

LEPs are also required to have a legal personality and must abide by the laws and regulations that apply to the legal entity they adopt. YNY LEP is a private company limited by guarantee without share capital.

The then York, North Yorkshire, and East Riding (YNYER) Local Enterprise Partnership (LEP) received local growth funding of £145.9m awarded in three rounds, announced in July 2014, January 2015, and January 2017. The funds were to be spent between financial years 2015-16 and 2020-21.

Funding awards were based on consideration of local Strategic Economic Plans (SEPs), developed by each LEP. Creating skilled and inspired people was a priority in the YNYER SEP and local growth funding supported investment in agri-tech and land-based engineering facilities at Askham Bryan College, as well as a digital farm hub at the College.

A condition of local growth funding allocations to LEPs was that all projects were subject to business cases that met an agreed local Assurance Framework including representing value for money to the taxpayer, being deliverable, and having a strong strategic fit. All LEP investments and investment decisions are publicly available on LEP websites, as the Assurance Framework requires.

In 2020, the Government announced the £900 million Getting Building Fund (GBF) to deliver jobs, skills, and infrastructure across the country. LEPs and Mayors were invited to propose shovel-ready infrastructure projects that would boost economic growth, and fuel local recovery and jobs. Funding awards were based on a consideration of the strategic fit and deliverability of each project. The £15.4m GBF award for the geographically reformed York and North Yorkshire LEP included support for a Digital Skills Academy at Askham Bryan College, again subject to a business case meeting the requirements of the LEP’s local assurance framework as outlined above.

The deed of release was agreed by the Skills Funding Agency and Young People’s Learning Agency in line with the policy on further education assets adopted by its sponsor department (Department for Business, Innovation and Skills at the time).

The government continues to follow the general practice of successive governments not to comment on legal advice that may or may not have been sought or received.

Commercial arrangements between two independent organisations, Askham Bryan College and the University of Cumbria, were entered into by both parties. This allowed the university to continue using Newton Rigg Campus for research related activities following the transfer of further education provision to Askham Bryan College in 2011.

In line with the policy on further education assets adopted by its sponsor department at the time (the Department for Business, Innovation and Skills), the Skills Funding Agency and its predecessor (the Learning and Skills Council) only sought asset deeds when further education assets were being transferred to other types of organisations, such as higher education institutions. This was to ensure that the assets were used and retained for the benefit of further education. As the assets were transferred to Askham Bryan College, an asset deed was not required as it was an incorporated further education college whose core mission was, and remains, the delivery of further education.

Newton Rigg Campus is part of Askham Bryan College Corporation, has no separate legal identity and was therefore out of scope of the Cumbria area based review. As the campus is part of Askham Bryan College, they were included in the wave 4; York, North Yorkshire, East Riding and Hull area-based review, which commenced in September 2016. This approach was consistent with the broad principles of area-based reviews in that colleges should be formal members of only one area review steering group.

The Further Education Commissioner and Education and Skills Funding Agency (ESFA) carried out a comprehensive analysis of local provision needs for Newton Rigg and the surrounding area in 2020. The core objective of this analysis was to establish if there was a need for college provision within the general vicinity of the Newton Rigg campus. It considered the location of neighbouring further education (FE) colleges in relation to travel-to-learn options and identified that most enrolments could be accommodated at other statutory FE institutions.

In total, 286 16 to 18 year old students were enrolled onto land-based further education courses at Newton Rigg, of which 70 were in residential accommodation. Where gaps in provision were identified, specifically agricultural provision, alternative arrangements for the next academic year have been agreed with Myerscough College, in partnership with Ullswater Community College, to ensure continuity of delivery of this provision in the Penrith area after Newton Rigg closes.

If further evidence of gaps in provision are highlighted as a result of the closure of Newton Rigg in support of local authorities’ statutory duty to secure provision in an area, the ESFA will consider requests to fill a gap in provision. Where this cannot be met through negotiation with good existing providers the requirements are put out to tender through open competition.

Newton Rigg is not a public asset, having previously been acquired by the University of Cumbria from the University of Central Lancashire and then transferred to Askham Bryan College in 2011. The transfer of Newton Rigg was therefore not subject to Cabinet Office guidelines.

However, following the decision by the University of Cumbria in 2010 to cease delivering the provision of further education funded by the Skills Funding Agency (SFA) and the Young People’s Learning Agency, the SFA led on an open and competitive procurement process, in accordance with Part B of Schedule 3 of the Public Contracts Regulations 2006, to secure an alternative provider or providers for the delivery of arts provision in Carlisle and predominately land-based provision at Newton Rigg. As a result of this competition, the funding for students studying further education at the University’s Brampton Road building was transferred to Carlisle College, and the funding for students studying further education at Newton Rigg, together with the relevant further education assets owned by the University of Cumbria at Newton Rigg, were transferred to Askham Bryan College. The procurement was subject to a review by Cabinet Office in 2011 and its findings are available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/61795/MYSTERY-SHOPPER-CASE-PUBLICATION-JULY-2012.pdf.

The Education and Skills Funding Agency and its predecessor organisations assign individual case managers to each further education provider who hold funding agreements and contracts to deliver publicly funded education and training. Case managers are then responsible for managing the relationship between government and individual further education providers.

The Further Education Commissioner and the Education and Skills Funding Agency (ESFA) carried out a comprehensive analysis of local provision needs for Newton Rigg and the surrounding area in 2020. The core objective of this analysis was to establish if there was a need for college provision within the general vicinity of the Newton Rigg campus. It considered the location of neighbouring further education (FE) colleges in relation to travel to learn options and identified that most enrolments could be accommodated at other statutory FE institutions.

In total, 286 16 to 18 year-old students were enrolled onto land based further education courses at Newton Rigg, of which 70 were in residential accommodation. Where gaps in provision were identified, specifically agricultural provision, alternative arrangements for the next academic year have been agreed with Myerscough College in partnership with Ullswater Community College to ensure continuity of delivery of this provision in the Penrith area after Newton Rigg closes.

Both the Further Education Commissioner and the ESFA continue to have regular meetings with the senior leadership team at Askham Bryan College, and this includes, but is not exclusively related to, matters concerning the closure of Newton Rigg Campus.

During the analysis of local provision needs and subsequently the strategic review, the Further Education Commissioner, with support from the ESFA, has engaged with a significant number of stakeholders who had an interest in Newton Rigg, the implications of its proposed closure and the delivery of FE, including land-based provision within Cumbria. This included Cumbria County Council, Eden District Council, Cumbria Local Enterprise Partnership, all statutory FE colleges located within Cumbria, Scotland’s Rural College, the University of Cumbria, University of Central Lancashire, Lancaster University, National Farmers Union, Friends of Newton Rigg, current and former governors of Askham Bryan College and a range of industry stakeholders.

The strategic review commenced in July 2020 and completed in February 2021. This review engaged with local interested parties and all the educational institutions identified above to ascertain interest and options available to maintain specialist provision at the Newton Rigg campus. No suitable alternative solution was identified to maintain education provision at that site.

A comprehensive analysis of local provision needs for Newton Rigg and the surrounding area was undertaken in 2020 by the Further Education Commissioner and the Education and Skills Funding Agency. The core objective of this analysis was to establish if there was a need for college provision within the general vicinity of Newton Rigg campus. It considered the location of neighbouring further education colleges in relation to travel to learn options and identified that the majority of enrolments could be accommodated at other statutory further education institutions. Where gaps in provision were identified, alternative arrangements for the next academic year have been introduced to ensure continuity of delivery after Newton Rigg closes.

If further evidence of gaps in provision are highlighted as a result of the closure of Newton Rigg in support of local authorities’ statutory duty to secure provision in an area, the Education and Skills Funding Agency will consider requests to fill a gap in provision. Where this cannot be met through negotiation with good existing providers the requirements are put out to tender through open competition.

We routinely consider the legal implications of decisions that are made.

Officials from the Education and Skills Funding Agency continue to work closely with the Further Education Commissioner’s team with regard to the closure of Newton Rigg.

In 2020, the Further Education Commissioner undertook a local provision needs analysis of Newton Rigg Campus, located near Penrith, at the request of the governing body of Askham Bryan College. Its purpose was to establish whether there is a need for further education provision in the general location of the current campus. The analysis provided the governing body with options to consider regarding the future of provision at the campus. The analysis considered travel to learn data and mapping for young people and adult students, including enrolment density by ward and travel to learn time and pattern, based on public transport and by actual travel time by car. Most students studying agricultural provision at Newton Rigg at the time of the analysis tended to live closer to the campus and were mainly from Cumbria and surrounding counties.

Further Education Colleges in England are independent of government and the decision to close Newton Rigg Campus in July 2021 and subsequently dispose of the site has been made by the governing body of Askham Bryan College.

From September 2021, Kendal College have confirmed they will offer agricultural and other land-based provision from level 1 to level 3, which will be delivered in the Penrith area. In addition, a partnership between Myerscough College and Ullswater Community College will provide further education for young people in animal management and agriculture in the local area surrounding Newton Rigg.

The government has no plans to publish documents concerning the funding and transfer of assets and land relating to the University of Cumbria’s acquisition of Newton Rigg College in 2007.

Following the decision by the University of Cumbria in 2010, to cease delivering the provision of further education funded by the Skills Funding Agency and the Young People’s Learning Agency, the Skills Funding Agency led an open and competitive procurement process, in accordance with Part B of Schedule 3 of the Public Contracts Regulations 2006, to secure an alternative provider or providers for the delivery of arts provision in Carlisle and predominately land-based provision at Newton Rigg. As a result of this competition, the funding for students studying further education at the University’s Brampton Road building was transferred to Carlisle College, and the funding for students studying further education at Newton Rigg, together with the further education assets at Newton Rigg, was transferred to Askham Bryan College. The procurement was subject to a review by Cabinet Office in 2011 and its findings have been published on gov.uk and are attached.

The successor organisation to the Skills Funding Agency, the Education and Skills Funding Agency now procure provision in accordance with the requirements of the Public Contracts Regulations, 2015. In some circumstances, for example the provision of education and training for young people, separate arrangements apply, but processes and procedures are fair and transparent. Where this applies, we use a mix of local negotiation and tendering appropriate to the circumstances in each case.

Askham Bryan College’s primary relationship with government is with the department and its executive agency, the Education and Skills Funding Agency. The department has overall responsibility for policies relating to the delivery of further education and higher education which are provided by Askham Bryan College.

The Newton Rigg Strategic Review process has been extended. The Further Education Commissioner team and Education and Skills Funding Agency officials are continuing to work closely with stakeholders, including Askham Bryan College, to try and find a solution for retaining some or all of the education provision on the Newton Rigg campus.

Askham Bryan College is independent of the government and is responsible for any decision on Newton Rigg and the associated financial implications.

The Newton Rigg Strategic Review process has been extended. The Further Education Commissioner team and Education and Skills Funding Agency officials are continuing to work closely with stakeholders, including Askham Bryan College, to try and find a solution for retaining some or all of the education provision on the Newton Rigg campus.

Askham Bryan College is independent of the government and is responsible for any decision on Newton Rigg and the associated financial implications.

In the 2020-21 financial year, the department provided all further education colleges and designated institutions with the Further Education Capital Allocation for addressing estate in poor condition. £200 million was allocated in total, and Askham Bryan received £845,748. The college is able to invest that funding according to the condition need identified in the department’s Condition Data Collection or its own survey.

Between the 2015-16 financial year and the present, Local Economic Partnerships have had devolved responsibility for allocating skills capital funding via the Local Growth Fund. There is no record of funding for the Newton Rigg campus.

Before 2015, capital funding for colleges was the responsibility of the Skills Funding Agency. In the 2014-15 financial year, a grant of £139,593 was paid to Askham Bryan College. There is no record as to whether any part of that funding was used in relation to Newton Rigg campus

Newton Rigg College is a land-based further education college in Penrith that has been listed for possible closure next year by its host institution. Will my right hon. Friend ask Government Departments to work with me and local stakeholders to secure a sustainable future for this vital institution, and, if we are successful, may I invite the Prime Minister to come to Penrith to see this fantastic college and the opportunities it provides to upskill, strengthen rural economies and support this Government’s levelling-up agenda?

I am very grateful to my hon. Friend. I know that this will be a difficult time for the community and all those who care about this Penrith college. May I propose that he and I have a proper conversation about what we can do to help, with my right hon. Friend the Secretary of State for Education, and see whether we can find an appropriate solution? I thank him very much for the work that he is doing.