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Education and Skills Bill

My Lords, my noble friend Lord Adonis explained in Committee that our reluctance to accept the proposed new clause introducing learning and support contracts stemmed from our concern that they would be unnecessarily prescriptive and bureaucratic. However, he also emphasised our support for the approach and said that we would reflect very carefully on whether there was a case for specifying more in the Bill. On reflection, I decided that it might be beneficial to include something along these lines to make it clear that local authorities can pursue this kind of enabling approach. As a result we are introducing this amendment, and I am pleased that it has been welcomed. It enables local authorities to enter into learning and support agreements. I am not sure whether the difference in terms is material. The noble Baroness, Lady Walmsley, asked a number of questions but I am not sure that I got them all. If I do not pick all of them up then I will write to her and copy it to noble Lords who have taken part in today’s proceedings. She asked me to confirm whether enforcement could proceed where there was a young person with unmet needs. I want to make it clear that that should not happen. Enforcement should not proceed where a young person has unmet needs. Clause 39 states that even the first step—giving a final written warning before enforcement action begins—cannot be taken unless the right support has been offered and the young person has been given the opportunity to take it up. In addition, as noble Lords are aware, there are further safeguards to prevent enforcement happening inappropriately, such as the independent panel, which would be interested in the steps that have been taken. The noble Baroness also asked how we will promote best practice around learning support agreements. Clause 39 requires local authorities to demonstrate that they have provided support and the opportunity to take advantage of it before enforcement action can be taken. A learning and support agreement, as the noble Baroness explained, would be a very good way of doing that. We will encourage local authorities to pursue this or similar approaches to re-engage young people who are struggling to fulfil the duty to participate long before enforcement action is considered. We want to make sure that we allow flexibility. However, having a tried and tested model of good practice is important and we will do our best to ensure that local authorities are made aware of that through guidance. I will write to the noble Baroness in more detail.