Clause 65

Part of Education and Skills Bill – in a Public Bill Committee at 4:00 pm on 26 February 2008.

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Photo of Nick Gibb Nick Gibb Shadow Minister (Education) (Schools) 4:00, 26 February 2008

I am grateful to the Minister for his response. I am reassured that the circumstances envisaged by the amendment are already covered by existing legislation. However, the clause as drafted seems to say that new section 139A(2) of the Learning and Skills Act 2000 will apply only if the local education authority

“maintains a statement of special educational needs for a person, and...believes that the person will leave school, at the end of his last year of compulsory schooling”.

Only if those two conditions are met will the requirement that

“The authority must arrange for an assessment...to be conducted at some time during last year of compulsory schooling.” apply.

Will the Minister briefly explain why the duty still applies and why the person who is staying on to the sixth form will still get an assessment? If the young person is not leaving school, I would have thought that the condition in proposed new subsection (1)(b) would not apply and that, therefore, the assessment under subsection (2) would not be required. I am happy to rely on the Minister’s assurance, but it might be clearer if that particular point of principle was addressed, if he is able to respond to that point.