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Education and Skills Bill

As the Minister said, the amendments deal with the power of a governing body to refer a pupil to educational provision to improve their behaviour. The House will know, as the Minister does, that of all the kinds of special needs, the problem of children with emotional and behavioural difficulties is the one that has grown most rapidly in the past decade. More of them are statemented than in previous years. Clause 138 gives the school governing body the power to direct a registered pupil to attend any place outside the school premises for the purpose of receiving educational provision that is intended to improve their behaviour. As the Minister told us, it has always been the Government's intention that any such direction would be a short-term measure only. Lords amendments Nos. 168 and 169 make that absolutely explicit in the Bill. It appears that the virtuous flexibility that the Minister for Schools and Learners advocated with such vehemence the last time that I asked for something to be put in the Bill persuades him less on this occasion. It seems that the Government are therefore likely to agree with the Lords amendments. My questions deal with what I believe could be unintended consequences of the amendments, although I acknowledge their advantages, which were well identified and articulated by the hon. Member for Blackpool, South (Mr. Marsden) when we debated the matter at an earlier stage. However, the amendments might prevent off-site education that extends beyond the end of a current academic year for those with behavioural problems. We believe that although the measure would not necessarily prevent permanent exclusions, it would prevent a head from sending a pupil to a referral unit or special school under clause 139. It might fetter the discretion of heads and, in so doing, weaken the resolve to tackle poor behaviour in schools. In the end, it could be beneficial to children with behavioural problems to spend more time outside their normal place of education, perhaps in a specialist school staffed by teachers who are experienced in providing the kind of help and support that children in such circumstances need. There is a risk that the amendment will have the unintended or unforeseen consequence of disadvantaging children of that type.