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Education and Skills Bill

My Lords, I will need to write to the noble Baroness and put a copy of the letter in the Library but I will take just a few minutes—I predict about four—to respond. We are sympathetic to the broad intentions behind the amendments. However, as she said, my noble friend Lord Adonis stated our position when we discussed this issue previously—namely, that it is not necessary to legislate to give pupils a right to make representations in exclusions since statutory guidance already covers this by allowing pupils several opportunities to give their views. Neither do we wish to impose new financial burdens on local authorities by requiring them to make arrangements for the provision of independent representation or assistance. Our position remains the same. My noble friend Lord Adonis, however, did agree to consider giving pupils under 18 a right of appeal following permanent exclusion. After further consideration during the Summer Recess, particularly in light of the observations of the UN Committee on Rights of the Child, I am happy to reassure noble Lords that, as I outlined in my letter of 14 October to the noble Baroness, Lady Walmsley, it is our intention to consult on giving pupils under 18 their own right to appeal in their exclusion proceedings, within the wider context of other appeal forums including appeals to the Special Educational Needs and Disability Tribunal—SENDIST—and admissions. I take this opportunity to outline some additional details of this proposal. It is our intention that there be a three-month formal consultation, in line with the Cabinet Office Code of Practice on Written Consultations. The consultation will be widespread, including engagement with young people who have been excluded or have special educational needs, to seek their views. This will be done in various ways, such as through 11 Million and voluntary sector groups. The scope of the consultation will be, as set out in my letter—although I am happy to write further if I have not covered the noble Baroness’s question—to consider the broad principle of giving young people their own right of appeal following permanent exclusion, as well as on the specific areas in which they might do so. It will be primarily about how a right of appeal following permanent exclusion might be implemented, and on what other policy areas, such as SENDIST, this should apply to. In addition, we will be consulting on the appropriate age for a pupil to have the right of appeal. We will obviously want to see the outcome of the consultation, but at this stage it is anticipated that different ages might need to apply to different policy areas. Finally, I know that the noble Baroness, Lady Walmsley, was interested in the new arrangements for SENDIST. The Tribunals Service at the Ministry of Justice consulted last year on the proposed new arrangements for the tribunals following the Tribunals, Courts and Enforcement Act 2007, including the proposal that SENDIST become part of the Health, Education and Social Care Chamber of the new first-tier tribunal. On the whole, the responses supported the Government’s proposals. The Tribunals Service has also consulted on the rules for the Health, Education and Social Care Chamber this summer. The final version of the rules will come into force on 3 November and has been altered in response to representations from people with an interest in special educational needs. I will ensure that a copy of the consultation is sent to the noble Baroness. I am very grateful to her for highlighting the important issue of pupils’ rights to appeal, and hope that together we can make progress on these important issues.