Education and Skills Bill

We need to begin by congratulating our team on having performed so splendidly on the river. Some might have thought that the timing of the race was specifically devised to ensure that many of the Government’s chief critics were not able to be present. I regret, therefore, that the noble Baroness, Lady Walmsley, was doubly incapacitated both from being here and from being in the boat, but I am sure that it was her cheering from the towpath that clinched the victory. Amendment No. 128, tabled by the noble Baroness, Lady Perry, seeks to highlight the whole range of options needed to meet the full range of circumstances faced by 16 to 18 year-olds. I reiterate that young people in full-time education or training will not necessarily have to follow a course that leads to an accredited qualification in order to fulfil the duty to participate. It will already be possible for an attendance notice to specify some form of full-time education or training that does not lead to a qualification, if that is the appropriate thing for the young person. It will also already be possible for an attendance notice to specify part-time accredited education or training if the young person is working. Furthermore, if the young person has a mental health condition, as set out in the noble Baroness’s amendment, that may constitute a reasonable excuse for not participating where Clause 39 prevents an attendance notice from being issued in any case. There will be no question of enforcement action being taken against those who have valid mental health reasons for not participating. Amendments Nos. 129 and 130, in the name of the noble Baroness, Lady Sharp, concern the role of careers advisers in advising on the appropriateness of courses. I assure her that no young person should get to the stage of receiving an attendance notice unless suitable learning provision has already been identified for them, and offered to them, along with the right support to take up the opportunity. We believe that a Connexions personal adviser would be the most appropriate person to make judgments on these issues, given their experience and knowledge of the system, the area and the young people within it. Amendments Nos. 131, 134 and 135, in the name of the noble Baroness, Lady Morris of Bolton, concern attendance panels. I assure her that it is intended that attendance panels will be independent. She asked specifically whether councillors and local authority employees would be members of those panels. We will clarify in regulations that someone employed by the local authority or the education institution in question should not serve on a panel. We will ensure that there is sufficient diversity among panel members and that they reflect the area in which the authority is based. Her Amendment No. 132 stipulates that panels should have three members. We intend that they should in most cases have three members, but we want to consult on whether they should be bigger in more complex cases. It would not make sense to introduce this inflexibility in primary legislation by fixing the number at three. As regards the noble Baroness’s Amendment No. 137, Clause 43 requires that local authorities must make arrangements for a young person to appeal to an attendance panel against the attendance notice itself; the description of education or training that they must attend; and any variation in the notice. No grounds are specified so, as drafted, the provision already allows for the young person to appeal against the description on the ground of its suitability or, indeed, for any other reason. The noble Baroness’s Amendment No. 140 concerns the timing of attendance panel hearings. I assure her that we wish appeals to be heard quickly. However, we do not believe it is appropriate to specify in primary legislation precisely how quickly they should be heard. We believe this matter is more appropriately dealt with in guidance, which we will provide to panels to assist them in carrying out their functions. These will be developed by my department in full consultation with local authorities, children’s charities and young people themselves. Similarly, I assure the noble Baroness, Lady Sharp, that, as regards her Amendments Nos. 135A and 140A, we will take time in the lead-up to implementation to discuss with local authorities and other stakeholders how panels should be set up and how they should work. We will consult fully on our proposals before drawing up regulations under this clause, as well as under Clauses 42(1) and 48(3), as is routine. It is not necessary to put this requirement to consult in primary legislation. Amendment No. 157, in the name of the noble Baroness, Lady Morris, would change Clause 48 to state that regulations must be made by the Secretary of State. As I mentioned previously, attendance panels are a vital part of the process to enable young people’s cases to be heard by an independent panel. We intend to make regulations, as they are important to define the detail of the process as regards the procedure of panels and their powers in relation to appeals. We state that regulations ““may”” be made by the Secretary of State, in case they are not necessary and do not have to be made. Changing the text to make the Secretary of State responsible for all these regulations would make no difference to the current situation, as the Secretary of State for Children, Schools and Families is already responsible. On Amendment No. 136, in the name of the noble Baroness, I repeat that the attendance panel is crucial to the effectiveness and fairness of the enforcement system. It will be put in place to ensure that attendance notices are always issued fairly, and that sufficient opportunity and support are given. It provides an additional safeguard to ensure that no young person can enter the enforcement system inappropriately. We will ensure that it is effective and not overly bureaucratic. The impact assessment we published with the Bill estimates the cost of those elements of the enforcement system in which attendance panels would be involved. As I mentioned, we want to consult widely on the composition and operation of attendance panels. In doing so, we will take careful account of the likely costs of their establishment and ongoing functions, which we have committed to funding. It is therefore not necessary to have this requirement written into primary legislation. Finally, Amendment No. 141 is a small, technical amendment to make clear for the avoidance of doubt that, where a variation to an attendance notice is provided for under this clause, all the requirements about the description of education or training in the notice still apply as they did to the original notice. The education or training must satisfy the central duty to participate, it must be suitable for the young person and so on. I was looking for my note on the Rose project to answer the specific issue raised by the noble Baroness, Lady Perry. We strongly support its work. Ministers from my department have met with it several times. The Rose project is an example of just the type of best practice we will be looking to expand when ensuring that the system set out in the Bill is fully prepared for learners in all circumstances by 2013.