Education and Skills Bill

I give those positive reassurances to the Committee. Amendments Nos. 133, 138, 139, 151, 158 and 159 would add detail to the attendance panel process. When the attendance panel considers whether it is appropriate for a local authority to begin proceedings against a young person in the youth court, Clause 46 states that regulations must ensure that the young person is invited to make representations to the panel. Clause 46(5) says that the regulations, "““must make provision to secure that, before a recommendation under subsection (4)(c) is made””—" that is, a recommendation to institute proceedings— "““the person has an opportunity to make representations to the panel””." We will also make it clear in regulations that the young person concerned could bring someone with them or send someone to make representations on their behalf. That was another concern of the noble Baroness, Lady Garden. The other amendments in the noble Baroness’s group make a similar requirement where the panel is considering an appeal against an attendance notice, or an appeal against a fixed penalty notice, as set out in Clauses 43 and 48. We agree with what the noble Baroness seeks to achieve. We have committed to ensuring that the young person will be invited to attend proceedings or to bring someone with them to represent them in their place if they wish to. This will be put in regulations that will be made about the procedure to be followed by an attendance panel in hearing appeals and in making representations. The panel will also invite other people who understand the young person’s circumstances to make representations. The noble Baroness’s Amendment No. 133 calls for the provision of independent advocacy to be made available by the local authority for attendance panel hearings. I have described how the young person will be invited to bring someone with them or to send someone in their place. The attendance panel will not be set up like a court; it is not intended to be overly formal or intimidating. Its main role will be to review the circumstances of the case and the steps taken by the local authority and others to ensure that everything possible has been done to offer the young person an appropriate learning place and the right support to re-engage them in learning. Committing to advocacy for all would be unnecessarily bureaucratic and burdensome. However, if the case were to continue to the youth court, the young person would, of course, be entitled to legal representation. We have also committed to consider carefully whether the guidance given to local authorities should indicate that, where young people have specific needs such as problems with communication, there should be an expectation that they will have access to independent advocacy services. I hope that these reassurances go some way towards meeting the concerns raised by the noble Baroness.