John Hayes (Shadow Minister, Innovation, Universities and Skills; South Holland & The Deepings, Conservative)

Once again, there are important questions to ask. The Young People’s Learning Agency will be required to prepare and consult on a policy statement which sets out the detail of its policy on its powers of intervention—the triggers for, and the nature of, such interventions. Having considered representations made during consultation, the YPLA must send a copy of the final policy statement for approval by the Secretary of State and then publish the approved statement. The YPLA must then have regard to the latest published statement when exercising its powers to intervene. Subsection (6) sets out the instances in which the YPLA has powers of intervention, which are set out in clause 64.

How long will it take for intervention to move from triggers, through consultation, to a final policy statement? If we are agreed on giving the YPLA powers of intervention, surely there is a premium on time to ensure that failing schools and educational institutions do not carry on failing their students. How in depth is the consultation likely to be? Who will be consulted and in what way? It is clear that the triggers for a failing school or institution are likely to be exceedingly complex, necessitating in-depth consultation.

What methods will the YPLA use to discern triggers? Does the Minister have specific agencies in mind? If an LEA that commissions education is failing and receives funding from the YPLA, there may be an incentive for it not to alert the YPLA to problems. After all, what authority would want to expose its own faults and weaknesses? I hope that the Minister will make clearer the purpose and practice of the clause by answering those few brief and, I hope, pertinent questions,

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

Naturally, I am grateful for the opportunity to provide some of that clarity. The clause requires the YPLA to prepare and consult on a policy statement that sets out the detail of its policy on its powers of intervention. The YPLA has powers of intervention under clause 64, which we discussed on Tuesday. It may give directions to a local authority where it is satisfied that the authority is failing or is likely to fail to perform its duty under proposed new section 15ZA(1) of the Education Act 1996, as set out in clause 56.

In proposed new section 56H of the Further and Higher Education Act 1992, which is inserted by schedule 8, there is power for the YPLA to intervene in a sixth-form college at which it is securing the provision of education. The intervention policy, which is what will be consulted on, will set out the triggers for, and the nature of, the intervention, the nature of any directions the YPLA may issue to local authorities under clause 64 and the circumstances when directions will be issued. The duty to prepare an intervention policy will ensure that there is clarity and transparency in advance on the circumstances under which those powers will be used so that there is proper consultation with stakeholders.

Relevant stakeholders will include local authorities, education and training providers, supporting structures, Government offices, regional planning groups and sub-regional planning groups. The measure ensures that the policy is drawn up in consultation with those in advance of it being used so that everybody understands the circumstances anywhere in the country when the YPLA might use the range of intervention powers that we have agreed in the Bill. When there is a trigger point, it can then be applied as quickly as possible. We bow to no one in our intolerance of failure in the system and the desire to intervene. The consultation will be guided by the Cabinet Office, and the normal guidelines for that are a 12-week consultation. It will be with those partners that I have set out.

John Hayes (Shadow Minister, Innovation, Universities and Skills; South Holland & The Deepings, Conservative)

Of particular concern is the timetable. It may differ to some degree, but what typically would be the timetable for that process? I mentioned the incentive for local authorities. Will there be any independent means by which those things can be triggered? A local authority that is failing in those terms may not be eager to begin the process.

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

There are some questions about the timetable and how the triggers will apply. We are still in consultation with people, before the formal consultation, and some things will depend on the circumstances in play.

We expect the powers to be used as a last resort, following various levels of support and challenge from the regional planning group, the sub-regional group, other local authorities, perhaps, Government offices and, certainly, the YPLA, with its regional level of activity, when there is a risk that not enough suitable educational training opportunities will be secured for young people in time. The YPLA will look first to the local delivery system to resolve issues or difficulties, and will be aware of any commissioning problems as they emerge. Local authorities will be expected to resolve those issues, but we need in our back pocket the intervention powers—set out clearly so that everyone understands the policy—so that the YPLA can be effective.

John Hayes (Shadow Minister, Innovation, Universities and Skills; South Holland & The Deepings, Conservative)

I am still not clear how the intervention will be triggered. I am beginning to understand the process, and the Minister said that he is still consulting on the timetable, but how will the intervention be triggered in the first instance if the local authority is unwilling or unable to initiate the process?

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

We will use the relevant data sets and the information that we are establishing from a range of agencies, and we have the co-operation, which the hon. Gentleman has been scrutinising carefully, between, for example, the Skills Funding Agency and local authorities, and between local authorities and the YPLA in the performance of its functions. That will give intelligence on how effectively things are working. The triggers might be provided by some of the data measured, which is often how triggers work, but such issues are still being discussed with the partners who will be involved in the delivery. I do not want to anticipate the outcome of those discussions at this stage. However, I have assured him that there will be a full and proper consultation on how the triggers will operate, which is when they ought to be properly discussed and agreed by all parties. On that basis, I hope that we can agree the clause.