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Education and Inspections Bill

It is fair to say that the figures I gave demonstrate that authorities are taking note of the guidance. We would not have had these very significant reductions if they were not. The guidance needs to be seen in the context ofthe figures. As always with these debates, it is the direction of travel that is so important, and that has been very much in the right direction in recent years. However, I am always open to reflecting on this further, and if we could make changes which would reasonably secure a further improvement, we would do so. But having looked at this in some detail, my judgment is that the statutory position and the position on guidance are not only satisfactory in terms of the words on the page but are being demonstrated by significant improvements on the ground. Amendment No. 214 in the name of the noble Baroness, Lady Buscombe, seeks to ensure that local authorities can reassess statements of special educational needs for permanently excluded pupils when they are excluded. Local authorities already have a duty to maintain statements of special educational needs which meet children’s current needs. Where a child is permanently excluded, local authorities should consider whether the child’s statement continues to meet his or her needs and in any case must amend the statement to name a new school where the child’s needs can be met. Under the proposed legislation, there will be no time limit on the alternative provision and all excluded pupils, whether with statements or not, will be able to enjoy the benefits of it until they are reintegrated into an appropriate school or other educational provision. For statemented children, this will be when the statement is amended. Amendment No. 236, in the name of the noble Lord, Lord Dearing, seeks to empower local authorities to transfer their duty to establish and manage pupil referral units to groups of secondary schools. The noble Lord was good enough to referto the letter I sent him, which I will happily circulate to other noble Lords so that they do not have to go to the Library. We have been paying very close attention to this area, as I set out in the letter, and we are already working to give local schools a significant role in the management of pupil referral units and the responsibility to identify and commission alternative provision for their pupils, including a strong lead to local authorities to be prepared to delegate budgets to groups of schools to manage this provision directly. Furthermore, we intend to make regulations for the establishment of mandatory management committees for pupil referral units from September 2007. At present, there are no arrangements for such management committees; pupil referral units are managed directly by the local authorities. The regulations will require that senior staff, as well as governors of local schools, should form the bulk of the membership of a pupil referral unit management committee, which would take on many of the functions currently handled by local authorities. We have given a good deal of thought to these regulations and the policy underpinning them. Our concern is precisely that raised by the noble Lord, Lord Dearing—that local schools should take real responsibility for the provision of pupil referral units. We believe that they could make a significant contribution to their better management, whereas at present such units are largely apart from the provision that mainstream schools are expected to make, and they have no responsibility for them. From 2007, we expect all secondary schools to be in partnerships to improve behaviour and tackle persistent truancy, using funding devolved by the local authorities, and if school partnerships are compelled to fund their pupil referral units, we fear that that may limit their flexibility to fund other types of provision. Up to that point, we are certainly prepared to go with the noble Lord, Lord Dearing. Amendment No. 237 in the name of the noble Lord, Lord Lucas, seeks to change the status of the exclusion guidance by requiring that appeals panels act in accordance with the guidance rather than having regard to it. We have given a good deal of thought to this amendment but we do not think it is the right way to go. We have comprehensive regulations which govern exclusion procedures. The guidance goes beyond the regulations by exploring some of the factors that decision-makers—head teachers, school governing bodies and independent appeals panels—must take into account. But decision-makers must retain their discretion to make their own decisions, taking account of the circumstances of the individual case, which is crucial in making decisions about exclusions. Requiring decision-makers to act in accordance with that guidance would in many cases remove or narrow their discretion to the disadvantage of the pupils whose welfare they are expected to be considering. In her Amendment No. 242, my noble friend Lady Turner raised the issue of the child’s right of representation in the exclusion process. In responding to a similar amendment tabled by my noble friend to what became the Education Act 2005, my noble friend Lord Filkin undertook to strengthen DfES guidance, to emphasise that the excluded child or the child threatened with exclusion should be encouraged to make representations about his exclusion at the various stages of the exclusion procedure. I undertake that these amendments will be made this September when we revise and reissue the guidance, which will fully take account of the commitments made tomy noble friend during the passage of the previous Bill.