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Education and Inspections Bill

moved Amendment No. 105: Page 55, line 15, leave out ““19”” and insert ““25”” The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 106, 107, 113, 114 and 115. The title given to Clause 72, to which Amendments Nos. 105, 106 and 107 pertain, is: "““Education and training to satisfy entitlements””." I had queried its purpose in our discussions in Committee. My amendments would write into the Bill age 25 rather than age 19 as the maximum age at which those over compulsory school age, but not possessing a level 2 or a level 3 qualification, are able to come back to into the educational system to gain such qualifications. I have proposed the amendments because, in March, the Chancellor of the Exchequer announced in his Budget speech that the age at which young people might get free tuition at further education colleges in training courses which led to a level 2 or a level 3 qualification would be raised to 25. The Bill ought to reflect that change. In Committee, the Minister explained—I have received a further letter from him which sets out the position in greater detail and for which I thank him—that the Bill relates only to the core entitlement set out in new Section 3B, which reflects the core entitlement in Clause 71 to courses in English, maths and science, and to the additional entitlement in new Section 3C to take courses in one of the entitlement areas specified by the Secretary of State. These are the specialised diplomas which are being introduced and are identified in Clause 81. In his letter to me, the Minister wrote as follows: "““The main purpose of the clause is to place a duty on the Learning and Skills Council to secure sufficient provision in each locality to enable 16-19 year olds to access all 14 Diploma lines and the core entitlement of English, maths and ICT. Therefore, this clause will give all young people, wherever they are in the country, an entitlement to a course of study in one of the Diploma entitlement areas.""The collaborative nature of delivery which will be necessary to ensure all young people have access to the specialised diplomas means that we will need more than funding streams to ensure that post-16 providers are all working in partnership to deliver these significant curriculum reforms; that is why we are placing a new duty on the LSC through this clause””." The announcement by the Chancellor of the Exchequer in March related to a different entitlement. I again quote the Minister’s letter: "““The Level 2 and Level 3 entitlements are aimed at a slightly different, voluntary, audience. Those wishing to access these entitlements are more likely to be returning to education following a break. The courses offered in this entitlement include more vocational and job specific courses, as well as the more generic courses.""The Level 2 and Level 3 entitlements are removing financial barriers to further learning by ensuring tuition for those eligible is free. Clearly, provision for all adults cannot be guaranteed, and so we would not be justified in creating a statutory entitlement. However, through greater refocusing of public support the government is expanding the opportunities for eligible adults to achieve a first full Level 2 and Level 3 qualification””." We know that because those who have had anything to do with adult education know that funds are being transferred from adult education into meeting the ““full-fat””, as we call it, level 2 entitlement and the level 3 entitlement. In Committee, the Minister described this second set of entitlements as non-statutory entitlements for young people and adults to study, free of tuition charges, on courses leading to a level 2 or a level 3 qualification. I understand the distinction between the statutory entitlements described in Clause 72 and those which are non-statutory. However, the Government seem to be seeking to draw an over-fine distinction between these two sets of entitlements. On the one hand, they are saying that they want to hold open the opportunity for everyone up to the age of 25 to achieve a level 2 or a level 3 qualification; on the other, they are saying, ““No, no, not that qualification; this qualification””. The specialised diplomas will be available only up to age 19. I have one comment and one question for the Minister. The comment relates to the non-statutory nature of the up-to-25 entitlement. As far as I can see, it is a question of finance. The letter seems to say that, since provision for all adults cannot be guaranteed, a statutory requirement would not be justified. What, then, is an entitlement? A non-statutory entitlement is one that may be given and may be taken away. Given the known skills shortages in the UK, and the demographic trends which mean that we will have to look to training and retraining older people, surely this short-term approach is inadequate. We need to make sure that the LSC funds these longer-term training facilities just as much as it funds the specialised diploma facilities. I turn to Amendments Nos. 113, 114 and 115. We raised this issue in Committee and it, too, relates to the age of 25. I have had further correspondence with the Minister on this issue. We raised the amendments on behalf of Skill—the National Bureau for Students with Disabilities—and the Guide Dogs for the Blind Association. Their purpose is to require that local education authorities make provision for transport for disabled students engaged in further education or training up the age of 25. Very often, these students, because of their disablement or learning disability, are behind in their studies and need to go through to 25. As I explained in Committee, we frequently see situations where the local LSC can agree to fund the student’s tuition, but the student cannot make use of that funding because the LEA has no obligation to provide transport after the age of 19, although it is pressed by the Government to provide it up to 21. The Minister explained in his response that the LEAs are obliged to make transport plans which cover all students continuing in education up to 19 and, for disabled students and those with learning disabilities, up to 21, with the DfES recommending that the latter provision be made up to 25. Perhaps I may again read from the Minister’s letter to me: "““DfES are currently responsible for issuing the guidance that sets out these duties, detailing priorities and priority learner groups, and for ensuring that local transport policies fulfil the duty and have regard to that guidance. Officials will investigate complaints and advise and mediate with local authorities when there are concerns that their duties might not have been met. In the event that any complaint or claim cannot be resolved, the Secretary of State is empowered to direct local authorities to make arrangements for transport which are not in their published transport policy statements and carry out their duties.""““Clause 74 is simply intended to transfer the current DfES administrative functions to the Learning and Skills Council (LSC), while the Secretary of State retains his present powers to direct local authorities. One of the key goals of the LSC is to encourage young people to participate in learning and the transfer of this role will enhance their ability to do so.""As part of taking on these responsibilities, we would like the LSC to strengthen its role with regard to the responsibilities of LSC area teams in local transport partnerships. At the local level, the LSC would work more closely with partnerships to fulfil their shared aims of improving the prospects of young people by encouraging participation in learning to enhance their skills””." We welcome very much these developments. However, the evidence suggests that despite the work of the DfES and the guidance provided, many disabled students over 19 are not being funded by their local education authority for their transport costs and have to rely on family or friends if they are to continue participating in education or training. The Minister seems to be looking to the local LSCs to take on a more active role in overseeing these arrangements, but he will know that there is frequently little joined-up thinking between the local LSCs and LEAs. That is why I am bringing this amendment back. Getting something along these lines in the Bill would bring home to LEAs and the local LSCs precisely what their obligations are. I beg to move.