Nick Gibb (Shadow Minister, Children, Schools and Families; Bognor Regis & Littlehampton, Conservative)

The Association of National Specialist Colleges is concerned about the use of the word “may” in subsection (1) of proposed new section 514A, which the clause inserts into the Education Act 1996. The association says:

“In order to safeguard learning opportunities and funding for the relatively small group of vulnerable learners with complex learning difficulties and/or disabilities who require specialist provision, in line with what is currently available, we believe that the Bill should not dilute former legislation about residential specialist college provision.”

It notes that the law previously required the LSC to secure boarding accommodation if—I quote from the Learning and Skills Act 2000—

“it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality”.

It goes on to say that

“we do not believe that the current wording of the Bill is strong enough to safeguard and ensure this right for learners. We believe that this Bill must ensure that Local Authorities and the YPLA must secure residential specialist college provision where local schools and colleges cannot adequately or effectively meet a student’s learning and support needs.”

I would be grateful if the Minister addresses those very real concerns.

Jim Knight (Minister of State (Schools and Learners), Department for Children, Schools and Families; South Dorset, Labour)

It is important to read the clause in conjunction with clause 40, which, as we heard, inserts proposed new section 15ZA into the 1996 Act. New section 15ZA(1)(b) places local authorities under a firm duty to secure enough suitable education and training to meet the reasonable needs of people aged between 19 and 25 who are subject to learning difficulty assessment. That is, in effect, where the “must” in the predecessor Act comes in. Clause 45 clarifies that the local authority may deliver that overriding duty through boarding accommodation.

The issue is one of transferring a duty from a national body to local authorities. In many cases, the local authority would not want to secure the boarding accommodation within its area, but to ensure that the needs of its learners, as defined in clause 40, were met out of area. In many cases, it is more likely that specialist residential provision will be outside the young person’s home local authority area and will be needed only for a small number of learners with more intensive support needs. We envisage local authorities working closely in their sub-regional groupings to plan and commission provision to meet the needs of learners in their areas. On that basis, I hope that the hon. Gentleman will be happy to support the clause.