Education and Skills Bill

We enter into further complexity in discussing the amendments in terms of the relationships between different clauses. Continuing the dialogue across groups that has been a feature of our debates so far, I shall add a few remarks to the earlier discussions that we had on the connection that the noble Lord, Lord Lucas, raised between the database and any enforcement action that might follow. I have two further points to supplement the answer that I gave in that respect. If there is less information available to a local authority, it will be less able to act. However, it is not simply the database that acts as one source of information for a local authority, nor is it simply the duty on employers to make checks. The duty on employers is to make checks, not to notify the local authority. The fact that there is that duty on employers to make checks will act as a significant incentive to young people to participate. There is also the duty in Clause 13 to notify non-compliance on the part of schools and colleges. Clause 13(1)(c) states that, "““the responsible person has reasonable cause to believe that in consequence of that failure to participate the person is failing to fulfil the duty imposed by section 2, the responsible person must give notice to the appropriate service provider of those circumstances””." A whole set of different parts of the Bill come to bear on the issue of sufficient information being made available to local authorities to enable them to act. We are not talking simply about the existence of information on the database, nor simply about the power of the local authority that will impact on young people in ensuring that they take seriously their duty to engage in education or training. As I said, the requirement on employers to make the initial checks when they employ young people will also have a significant impact. In all those respects, the incentives on young people to participate will be there, in the great majority of cases, without enforcement action needing to be provided. The noble Baroness, Lady Morris, has tabled Amendments Nos. 74, 85, 93 and 106, which seek to restrict the purpose for which the local authority could request information under Clauses 14, 15, 16 and 17. The amendments would unduly restrict local authorities. To fulfil its duty of promoting effective participation, the local authority will indeed need information on young people to ensure that appropriate careers information is provided to them, as she said. However, it will also need that information to ensure that a range of other services are provided appropriately to promote participation in education and training. Her amendments would not allow that to take place as local authorities would also need to ensure that the full range of Connexions services were provided, including, for instance, assessments of learning difficulties, targeted support services and financial support. Local authorities will need to ensure that they are able to take informed decisions on a case-by-case basis about the appropriate next steps for individual young people who are not participating. The amendments would unduly restrict the purposes for which local authorities could use information within their wider responsibility to promote participation in education and training. Amendments Nos. 75, 82, 86, 90, 94, 104, 107 and 108 relate to the relationship between information provided and enforcing the duty to participate. The noble Baroness’s concern is that information provided will automatically trigger enforcement. I stress that the Bill ensures that it will not be possible for a local authority to undertake enforcement action against a young person unless, first, they have been offered a suitable learning place; secondly, support has been provided that would enable them to participate; thirdly, the young person has had the opportunity to take advantage of that support; and fourthly, they had failed to do so without reasonable excuse as set out in Clause 39, which we have already debated at length. There is no direct connection between the provision of information, either from the database or from other sources, and enforcement action. Local authorities need to exercise their judgments before taking any action that there is not a reasonable excuse and they must also have gone through these other steps in the process: ensuring that the young person in question has been offered a suitable learning place; that support has been provided that would enable them to participate; and that they had the opportunity to take advantage of that support. I hope that clarifies the situation as regards the duties on local authorities and how they interact with the provision of information. We shall also give guidance to local authorities on how we expect them to carry out their new duties and powers, including the attendance panel and enforcement functions and what criteria would apply in judging whether it is appropriate for an individual case to reach the point of enforcements. The local authority will decide, on a case-by-case basis, when it is appropriate to go down the route of enforcement. The system will be designed to ensure that each individual is treated fairly and that the full range of their present circumstances is taken into account before any formal action takes place. Amendments Nos. 87 and 88 concern information sharing. Information sharing between government departments and the Connexions service is not new, as I said in response to an earlier group of amendments. Section 119 of the Learning and Skills Act 2000 provides a power to pass the information described in Clause 15 to Connexions and this power is already being used. It is an essential source of basic identification information which serves to populate the Connexions database. Together with other sources, it is fundamental to Connexions being able to track young people effectively, and to provide them with appropriate and timely support. Those remarks extend also to Amendments Nos. 96 and 97. The power for public bodies to disclose information to Connexions also already exists under Section 120 of the Learning and Skills Act 2000, which enables professions working in different agencies to tell Connexions when they come across young people who, in their judgment, would benefit from extra support from Connexions services. Those other agencies may come across young people who are not otherwise known to the Connexions service; for example, because they have just moved into the area. Amendment No. 100 is in this group, in the name of the noble Baroness, Lady Walmsley, concerning the Border and Immigration Agency. Would the noble Baroness, Lady Sharp, like me to speak to that amendment?