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Education and Skills Bill

The noble Baroness is absolutely right that it is at the discretion of the local authority. However, new subsection (5) will need to be interpreted by local authorities in conjunction with new subsection (7), which states: "““In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State””. " As I said a moment ago, our guidance to local authorities will state that every young person with learning difficulties who is likely to benefit from an assessment should receive one. There may be a dispute about young people who are likely to benefit; that, I fear, is the state of affairs in the pre-16 statementing process. One of the grounds for appeal to SENDIST is refusal to carry out an assessment. As always in this area, there will inevitably be room for argument over how a local authority should exercise its discretion. The guidance from the Secretary of State, however, will be clear that authorities will be expected to carry out an assessment in respect of every young person with difficulties who is likely to benefit from one.