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Education and Skills Bill

The noble Lord has made a number of specific points. First, schools must have regard to the guidance which, as the noble Lord knows, is a very strong statement in education law. They take the actual decisions in line with the guidance but the guidance makes it clear that the provision must be appropriate and meet pupils’ needs. I would expect a local authority to be hot on the heels of any school that was not taking the guidance seriously if the parents themselves did not do so. This is not an unrestricted power. We intend the regulations to require schools to conduct reviews every 30 days for all pupils who are sent off-site. No such requirement attaches to the existing power, under which pupils can be sent off-site for education and training in the secular curriculum of the school. As I said in response to the noble Baroness, Lady Walmsley, we are considering very carefully her point about stating explicitly in the Bill the point that referrals under this clause should be temporary. That would also help meet the point about schools simply seeking to parcel pupils off to alternative provision because they cannot think of anything better and do not have proper regard for their welfare.