Education and Skills Bill

moved Amendment No. 133: 133: Clause 42, page 23, line 39, at end insert— ““( ) The regulations shall provide for a duty on local authorities to make available independent advocacy services for those young people who would benefit from such services.”” The noble Baroness said: I shall speak also to Amendments Nos. 138, 151 and 158, which are in this group. These amendments are supported by the Equality and Human Rights Commission. They refer to the constitution of the attendance panel, which we have been discussing, and the young person's interaction with it. We cannot overlook the need for a young person to have the right to be involved at all stages of the enforcement process and to have the chance to present their case to an attendance panel, either in person or through a nominated representative. The young people in question may well have difficulty in expressing themselves, they may not be on good terms with their parents and they may not have ready access to informed, impartial advice. This could make them particularly vulnerable and disadvantaged when facing the prospect of an attendance panel. Currently, the attendance panel can consider a young person's case at three points in time: first, on appeal against the attendance notice, as set out in Clause 43; secondly, on appeal against the penalty notice, in Clause 48; and, thirdly, at the decision whether the local authority can begin proceedings against the young person for failure to comply with the attendance notice, as set out in Clause 46. It is only at the third stage that the young person has the right to attend the attendance panel to put their case. The amendments would address that anomaly and send a clear message that the young person should be included in the full process. Barnardo's, which supports these amendments, points out that communication rights are set down in law and in the UN convention; but it also points out that young people are more likely to co-operate if they feel part of the process and have a chance to express their concerns. Being involved may also help them to gain confidence and to develop other interpersonal and practical skills. On independent advocacy, in Clause 48, it would be highly beneficial to young people and the Government if there were stronger advocacy powers in the Bill. A skilled independent advocate would empower the young person to make the right decision and help them to understand the requirements placed on them and to communicate their views. An advocate would also have the advantage of overcoming the formality of procedures, which may be daunting, and to make sense of language that may be confusing. This would not involve opening up an enormous process. These young people will form only a small group, and finding positive routes for them at the earliest stage will be of long-term benefit to them and society. We on these Benches strongly support these amendments. I beg to move.