Stephen Williams

I have a couple of questions about the operation of the provisions in Lords amendment 64, which will give the young adult learners that the hon. Member for South Holland and The Deepings (Mr. Hayes) has just mentioned—as well as their parents and, presumably, carers—the right to complain. Will the Minister explain in what circumstances he or his successor would seek to intervene to direct a local authority to amend its transport provision? As I understand it, the amendment does not mention a mechanism by which the learner, or their parent or carer, can appeal if the local authority does not respond in a positive way to their concerns. How does the Minister envisage the amendment working in practice, if it is accepted?

— from debate entitled “Clause 47 — Provision of education for persons subject to youth detention

The three speeches/headings immediately before

  1. 1 earlier: John Hayes

    I am grateful that the Minister has conceded that the Bill has been improved in this area too by consideration in Committee and in the other place.

    Lords amendment 56 inserts a new clause, entitled "Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty", which says:

    "In section 509AB(3) of the Education Act 1996 (provision of transport etc for persons of sixth form age in England: matters to which LEAs must have regard)...insert...what they are required to do under section 15ZA(1) in relation to persons of sixth form age".

    In other words, the Bill places a new duty on local education authorities to set out in a transport policy statement the arrangements that they will make for those learners aged 19 to 24 inclusive who may have a learning difficulty. The amendments will allow the Secretary of State to issue statutory guidance to cover not only the new transport policy statement for learners aged 19 to 24 with learning difficulties and disabilities, which is introduced in proposed new section 508G of the 1996 Act, but the wider adult transport duty to which the Minister referred.

    The amendments are also intended to make a link between the local authority commissioning duty outlined in the Bill and the sixth-form and adult transport duties, so that local authorities do not consider their transport arrangements—particularly their arrangements for those aged 19 to 24 with learning difficulties and disabilities—in isolation from their new responsibilities for commissioning education and training provision. In essence, this is about linking transport to the rest of the provision, and that is critically important. When the Bill was first discussed in Committee here, we felt that that link had not been sufficiently well made, and we argued—here and in the Lords—that the Bill needed strengthening in that regard. We are happy that the Government have accepted the Lords amendments to ensure that students with disabilities have the same rights of complaint about transport issues as 16 to 18-year-olds. That is a practical and sensible change to the Bill. It is not a matter for partisan debate or a matter of contention, so I shall not detain the House any longer.

  2. 2 earlier: Iain Wright

    We have listened to the debate, both here and in the other place, and to the opinions of key stakeholders, and we have amended the Bill to give reassurance on some key areas of concern.

    The original Bill as drafted contained new measures dealing with complaints in relation to the sixth-form transport duty. We introduced a new clause on Report in another place to replicate those complaints measures for adult learners aged 19 to 24 with learning difficulties and disabilities. It has always been our intention that the new complaints measures, designed to ensure improved responsiveness, should apply to young people with learning difficulties and disabilities. The new clause introduced by Lords amendment 56 ensures that that intention is clear in the Bill.

    We have amended the Bill to introduce a power to issue statutory guidance to accompany the adult transport duty. The Bill already included a new guidance-making power to cover the new transport policy statement for learners aged 19 to 24 with learning difficulties and disabilities. Government amendments extended the scope of the guidance, so that it would cover the adult transport duty as well. That will support local authorities in carrying out their transport duties in respect of adult learners and ensure that they are absolutely clear about their responsibilities under the duty, including for those with learning difficulties and disabilities.

    We brought forward Government amendments to link the adult transport duty in clause 55 and the new local authority commissioning duty in clause 40. Those links will ensure that local authorities do not carry out their transport duties without considering what they have to do under the commissioning duties, including with respect to the location of the education and training provision that is commissioned.

    We have listened to the concerns of stakeholders and to hon. Members in this House and the other place, and we have tightened the Bill with this important group of amendments.

  3. 3 earlier: Alan Haselhurst

    With this it will be convenient to consider the following: Lords amendments 57 to 64.

    Lords amendments 175 and 176.

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