My Lords, I support the amendments and, in particular, will comment on Amendments 30, 31, and 33D.
The amendments tabled by my noble friend Lady Jones, which deal with the “expects to be” versus “which is” dilemma, just make sense, as I do not think that anyone here would not want parents to know what is being offered rather than what might be offered. The Government’s concern appears to be that something innovative might happen during the year that could be added to the offer, but the Minister might reflect that, if the offer was a living document so that it could be updated as an innovation came through, was proven to work, accepted as best practice and added to the
local provision, in a digital age it would not be difficult to update the offer. The notion of “which is” gives far more certainty to users of the service than the words “expect to be”. In that respect, I very much support those amendments.
I just want to comment on the amendment of the noble Lord, Lord Low. I see both sides of this argument. We want local authorities to be free to innovate, to reach for the stars and to be the best they can, and we do not want the local offer in every local authority area to look exactly the same regardless of where you are in the country. Neither do we want to give permission to local authorities to go for a basic minimum standard. I accept the concerns laid out by the noble Baroness, Lady Eaton, and the noble Lord, Lord Storey, but we are still left with a problem.
The code of practice talks a lot about the quantity that should be in the local offer. There is a whole list of things that the code of practice guarantees will be there. What is missing from the whole debate is something that guarantees quality. Amendment 33D attempts to do that, and I want the Minister to respond to it. None of us wants poor quality, and I do not think that we would be in politics and would certainly not be legislators if we did not know that we have to ensure quality. It does not happen by itself or through a free-for-all, and it will not happen if we just leave it to local authorities to do their best. We want more than that. Minimum standards are not in the amendment. I do not want to fetter those local authorities who will provide very well; I want to protect those people who live in areas where the local authority does not do very well. I am concerned about how we protect people against poor provision falling below those minimum standards.
Normally, government takes one of three actions. It leaves it to the market—the noble Lord, Lord Storey, mentioned just now that if people do not like it, they will complain and changes will be made. I do not think that that will happen with the local offer. The only way that the market usually works is if people are free to go elsewhere. Then the poor provision that they did not want withers on the vine, vanishes, closes down and gets off the playing field. That is not what we want here. We do not want a local offer to be squeezed out of the market so that people have to go over the local authority borders. I cannot see how the market works as a regulator of standards for the local offer.
Secondly, we inspect. That is another way to guarantee quality. I would be grateful if the Minister would give us an update on where the department is with Ofsted inspecting the local offer. In Committee, he undertook to write to me, and I must admit that I am not sure whether that letter has been sent; I have not seen it. I would accept it if the Government have decided to inspect the local offer to make sure that people are protected against poor provision.
If they do not want to do that, the next action is regulation. Amendment 33D, as tabled by the noble Lord, Lord Low, would put in regulation to protect people against poor standards. It really does not matter whether it is inspection or regulation—but I do not want it to be the market, which I think is where the Government are headed with this, because that will not work. We have to get the balance right between
protecting people in areas where a local authority does not deliver the goods and leaving local authorities that are good, free to excel.
This is not just about safeguarding against low-quality provision: the Government should, equally, be incentivising innovation and high standards. If you only dampen down by inspecting, you will not get the high standards and innovation to which the noble Baroness, Lady Eaton, referred. We have had so many decades of experience in the delivery of public services, and there are good ways of incentivising innovation, rewarding high standards and making sure that those high standards are spread to include everyone else. That is my ideal— to do both. I think that we will see the good quality provision in the local offer to which the noble Baroness, Lady Eaton, referred, and that we will find ways of making sure that other local authorities know about it. Equally, for balance, we need something to set a basic standard below which local authorities’ local offer should not fall so that as regulators and legislators we can say that everybody, no matter where they live, is protected from a poor standard of provision. In that respect, I very much support the amendments that we are considering in this group.