Clause 38

Part of Education and Skills Bill – in a Public Bill Committee at 9:30 am on 21 February 2008.

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Photo of Jim Knight Jim Knight Minister of State (Schools and Learners), Department for Children, Schools and Families, Minister of State (Department for Children, Schools and Families) (Schools and Learners) 9:30, 21 February 2008

We have discussed at some length the reasons for not excluding various, often vulnerable, groups from different provisions, so I shall try to be brief. First, we do not want to specify any individual groups in the Bill. Everyone will be catered for, but it is not appropriate to introduce caveats in primary legislation for a range of specific groups. Secondly, the intention of the regulations is not to exclude any specific groups of parents. The relevant part of the Bill draws on existing legislation for parenting contracts and parenting orders, and the limitations of the regulations in this instance are in reference to where people live, rather than the exclusion of any groups.

The reason for the regulation-making powers is to ensure that the system is flexible enough to respond when a young person who fails to fulfil the duty is resident in one local education authority, but their parent is resident in another. The powers are also needed to set down further details of what should be done in such cases.

To issue a parenting order, a local authority will have to apply to the courts and provide information on the background of the young person. That information should include details of the relationship between the young person and their parent, which would help to inform the local authority and the court whether an order against that parent would be appropriate. A parenting order can be made only where the court is satisfied that that would be in the interest of getting the young person to participate. Clearly, the court would have to be satisfied that an order against an estranged parent was in the interest of getting the young person to participate.

When we make the regulations, judgments may be made about whether estranged parents should be included, but it would be appropriate to consult on matters relating to the regulations at the appropriate time, rather than to pre-empt any decision now. On that basis, I hope that the hon. Gentleman will withdraw the Amendment.

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