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Education and Skills Bill

Amendment No. 228AA seeks to add an explicit reference to referrals to off-site educational provision being for a temporary period and I am grateful to the noble Baroness, Lady Walmsley, for raising the point. It has certainly always been our intention that referrals to off-site provision to improve pupils’ behaviour should be only for a temporary period. However, it is not explicitly clear that this is the case and I am happy to look into this to see whether it would help to clarify the position further if we made changes to the Bill on Report if appropriate. Amendment No. 228B seeks to define further the purpose of educational provision. We do not believe this is necessary. Clause 138 provides that a governing body exercising the power to require a pupil to attend off-site provision must have regard to guidance issued by the Secretary of State. It is the intention to issue guidance on the use of the power and illustrative guidance was sent to Members of the Committee on 1 July to show how the power is intended to operate. It states that schools should assure themselves that the off-site provision includes training to manage the pupils’ behaviour, and the referring school should outline the type of support the pupil requires when on the placement. As the noble Baroness, Lady Morris, says, the decisions in these matters, having regard to the guidance, should be made by the school.