Clause 10
Education and Skills Bill
1:45 pm
Jim Knight (Minister of State (Schools and Learners), Department for Children, Schools and Families; South Dorset, Labour)
I absolutely agree that the key to the success of this policy will be ensuring that there is an appropriate—the hon. Member for South Holland and The Deepings will be delighted that I use that word—worthwhile and engaging learning place for every young person, including those with special educational needs. The amendment would reduce the duty of the local authority to solely that of securing appropriate provision. While that is clearly an important part of ensuring that all young people participate, the duty set out in clause 10 is currently much wider than that, and is not confined to any one local authority function. It could encompass economic development or regeneration activity, or the local authority’s responsibility for careers guidance for 16 to 19-year-olds, as provided for in the Employment and Training Act 1973, and other activities that are not directly linked to the securing of provision for education and training. Those broader functions are essential for promoting the culture of participation and achievement that Opposition Members are in favour of.
Some interesting points were raised in the debate, particularly about those with special educational needs. The hon. Member for Yeovil said that the legislation was very vague and insufficient in terms of the duties on local authorities. I remind him of some of the other duties contained in the Bill. From Royal Assent, whenever that may be, and subject to the will of Parliament, there will be measures relating to support functions, such as clause 54, on the duty to provide Connexions services. There will be a duty to arrange assessments of the learning difficulties of young people with statements who intend to leave school and access post-16 education or training. From commencement in 2013 there will be functions relating to raising the participation age, such as the duty to promote fulfilment of the duty to participate in clause 10. Clause 12 imposes the duty to make arrangements to identify young people who are not participating. There are also duties in clauses 39 and 41 that relate to attendance notices and in clause 42 concerning attendance panels, and so on. There will be a commissioning provision from 2010-11, which will be transferred to local authorities from the Learning and Skills Council.
In respect of clause 10, I am sure that the Committee has noticed that clause 18 specifies:
“In exercising its functions under this Part, a local education authority must have regard to any guidance given by the Secretary of State.”
That guidance, which would obviously be statutory guidance that the local authority would have to follow, would include such things as an explanation of how these duties differ from those for children of compulsory school age. It would also include links with the Connexions service, the minimum requirements for the tracking service used by Connexions and, crucially, an explanation of the requirements on young people, parents, learning providers and employers and the local authority’s powers and responsibilities for ensuring that those are met. It is there that we will set out the local authority’s duties with regard to young people with special educational needs.